Terms of service
1. Agreement, definitions and acceptance
These Terms of Service (the "Agreement") constitute a binding agreement between Everesteer, Inc. and its affiliates ("Everesteer", "we", "us") and the person or entity accessing the Platform (the "User", "you"). The "Platform" means the Everesteer prediction tournaments and any related website, application programming interface, agent interface, software development kit, documentation, dataset, compute service and communication channel operated by Everesteer, together with all successors and modifications thereto. "Data" means any dataset, feature, identifier, metadata or derived value made available through the Platform. "Submission" means any prediction, model artefact, parameter, output, configuration or other material transmitted to the Platform by or on behalf of a User.
By creating an account, accessing the Platform, or transmitting a Submission, you accept this Agreement in full. Where you act for an entity, you represent that you are authorised to bind that entity, and "you" includes it. If you do not accept this Agreement, do not access the Platform.
2. Amendment
Everesteer may amend this Agreement at any time and in its sole discretion, and may require acceptance of the amended Agreement as a condition of continued access. Amendments take effect upon posting unless stated otherwise. Continued access following posting constitutes acceptance. It is your responsibility to review this Agreement periodically. Everesteer is under no obligation to provide individual notice of any amendment.
3. Eligibility, representations and sanctions
You represent, warrant and covenant on a continuing basis that:
- you have the legal capacity and authority to enter into this Agreement, and your access to the Platform does not contravene any law, regulation or obligation applicable to you;
- you are not, and are not owned or controlled by, and do not act for or on behalf of, any person or entity that is the subject of sanctions administered or enforced by the United States (including any person designated on the Specially Designated Nationals and Blocked Persons List), the United Nations, the European Union or the United Kingdom, and you are not located, organised or resident in any jurisdiction subject to comprehensive sanctions;
- you do not act for any government subject to international legal sanction;
- any assets you commit in connection with the Platform derive from lawful sources and are not, directly or indirectly, the proceeds of unlawful activity, and your participation contravenes no anti-money-laundering, counter-terrorist-financing or sanctions law.
You shall notify Everesteer promptly in writing upon becoming aware of any change affecting the foregoing, and shall furnish upon request such information and documentation as Everesteer may require to satisfy any present or future legal or regulatory obligation. Everesteer may restrict, condition or withdraw access in any jurisdiction, at any time, without liability.
4. Registration, credentials and automated agents
You are solely responsible for all activity conducted under your account, including activity by automated agents, scripts or software you operate or authorise, and by any person or system in possession of your credentials or application keys, whether or not authorised by you. You shall maintain the confidentiality of all credentials, shall maintain the accuracy of your registration and contact information, and shall notify Everesteer promptly of any suspected compromise. Accounts are personal to the registered User and may not be assigned, sold, leased, shared or otherwise transferred. Everesteer may refuse registration, or require verification of identity, at its sole discretion.
5. Fees, charges and changes to the service
Everesteer reserves the right to introduce, vary, or discontinue fees, charges, subscriptions, usage-based pricing, credit systems or other consideration in respect of any part of the Platform, at any time and in its sole discretion, upon such notice as it considers appropriate. Where a charge applies, it will be disclosed before it is incurred. Except where required by law, all amounts paid are non-refundable, and no credit or refund is due in respect of unused entitlements, suspended accounts, or any modification, suspension or discontinuation of the Platform or any feature of it.
Everesteer may modify, suspend, limit or discontinue the Platform or any component, tournament, dataset, metric, interface or feature, in whole or in part, at any time and without liability. Everesteer is under no obligation to maintain, support, update or make available any element of the Platform, or to preserve any Data, Submission, score or record.
6. The Data: obfuscated form and limited licence
Users never receive raw market data. The Data is made available exclusively in a derived and obfuscated form. Without limiting the generality of the foregoing: values are transformed cross-sectionally into ranks and grouped into bins; feature names are replaced with opaque labels bearing no semantic relationship to their underlying subject matter; instrument identifiers are replaced with per-period hashes that do not persist between periods; and temporal ordering is expressed as abstract sequential periods rather than calendar dates.
The Data does not constitute, and shall not be represented as, market data, a market data feed, a benchmark, an index, or information concerning any security, issuer, commodity interest, venue or price. The Data is provided without any representation or warranty as to accuracy, completeness, timeliness, continuity, methodology or fitness for any purpose whatsoever, whether within or outside the Platform. Obfuscation is an intended and material characteristic of the Data.
Subject to your continuing compliance with this Agreement, Everesteer grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Data solely for the purpose of developing models and generating Submissions to the Platform. All rights not expressly granted are reserved. This licence terminates automatically upon termination or suspension of your account or upon any breach of this Agreement, without notice.
7. Restrictions on the Data
You shall not, and shall not permit, enable, assist or direct any person, agent or system to:
- de-anonymise, re-identify, invert, decode or otherwise determine the underlying subject matter of the Data, including by aligning, correlating or statistically matching the Data against any external dataset, price series, return series, reference data or public information, or by any optimisation, attribution or inference technique. This restriction applies irrespective of whether any such attempt succeeds, of the means employed, and of whether the act is performed by you or by any agent or third party acting at your direction or with your assistance;
- copy, reproduce, distribute, republish, transmit, disclose, sell, lease, sublicense or otherwise make available the Data, in whole or in part, in original or derived form, to any person;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the obfuscation, construction, scoring, weighting or aggregation methodologies of the Platform, or any non-public interface, model, parameter or process;
- access the Platform other than through interfaces expressly documented by Everesteer, or scrape, harvest, index, bulk-download, or systematically extract from the Platform, or circumvent any rate limit, access control, authentication or security measure;
- use the Data or the Platform to develop, train or improve any product or service that competes with the Platform.
Each restriction in this section is a material term. Breach entitles Everesteer to terminate access immediately, to void any associated standing, score, stake or entitlement, and to pursue all available remedies, including injunctive relief, for which you acknowledge damages would be an inadequate remedy.
8. Submissions: assignment, waiver and retention
You hereby irrevocably and unconditionally assign and transfer to Everesteer, absolutely and with full title guarantee, all worldwide right, title and interest in and to each Submission and every element of it, including all copyright, database rights, patent rights, rights in inventions, trade secrets, know-how and all other intellectual property rights of whatever nature, whether now existing or arising in future, together with all accrued rights of action and remedies in respect of any past, present or future infringement. Such assignment takes effect automatically upon transmission of the Submission, without further notice, attribution, approval or compensation, and Everesteer may use, publish, adapt, modify, combine, aggregate, exploit and dispose of each Submission as it determines in its sole discretion, in any medium now known or later devised, alone or in combination with any other material.
To the extent that any right in a Submission does not vest in Everesteer by operation of the preceding paragraph, whether by reason of applicable law or otherwise, you hold that right on trust for Everesteer and grant Everesteer an exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable and sublicensable (through multiple tiers) licence to exercise it in full. You shall, at Everesteer's request and expense, execute such documents and do such acts as Everesteer may reasonably require to vest, perfect, record or enforce the rights assigned by this section.
You irrevocably waive, and agree not to assert, any moral rights and all equivalent rights in any Submission to the fullest extent permitted by law. This section survives termination of this Agreement and closure of your account, and applies to every Submission previously transmitted, including where a Submission has been incorporated into any aggregate, composite or derivative work.
Everesteer may retain Submissions, model artefacts and associated records for such period as it considers necessary for verification, reproduction, audit, dispute resolution, research or legal compliance. Whether a model artefact is executed depends on the interface used and is described in the applicable documentation.
9. Submission warranties; market abuse
You represent and warrant, in respect of each Submission and on each occasion of transmission, that:
- the Submission is your original work and is your sole and exclusive property, or you otherwise own or control all rights necessary to make the assignment in §8, and its transmission and exploitation will not infringe or misappropriate any copyright, patent, trade mark, trade secret, database right, right of privacy or publicity, or other right of any person;
- the Submission has not previously been assigned, licensed or transferred to any person, and contains no third-party proprietary material, confidential information, or material subject to any licence or obligation inconsistent with §8;
- the Submission is not derived from, and does not incorporate, material non-public information which you were or are under any duty to refrain from using or disclosing, and you have not transmitted any such information to Everesteer. Information is material where a reasonable investor would consider it important, and non-public where it has not been widely disseminated;
- the Submission contains no malicious code and is not designed to impair, exploit or interrogate the Platform.
Everesteer may disqualify any Submission, reverse any associated result, withhold any entitlement, and terminate any account, where it determines in its sole discretion that this section has been or may have been breached.
10. Scoring, standings and publication
Submissions are evaluated against realised outcomes following the relevant period, applying metrics, weightings, transformations, caps and methodologies determined by Everesteer in its sole discretion, which may be changed, in whole or in part, at any time, with or without notice, and which Everesteer is under no obligation to disclose in full. The descriptions published through the Platform constitute the operative description at any given time.
Everesteer may publish your display name together with rank, metrics and related information. Everesteer does not warrant the accuracy of any score, rank, metric, projection or estimate, and may recompute, correct, withhold, adjust or annul any of them. Diagnostic, validation and estimation tools are informational only, confer no entitlement, and do not determine standing or settlement.
11. Staking, settlement and absence of any token
Where staking is made available, a User may commit USDC in respect of a model for a given round. Settlement is determined by reference to the applicable scoring for that round, subject to such limits, caps, factors and adjustments as are published or applied for that round, and is effected through smart contracts deployed on a public blockchain. A committed amount may increase or decrease in value, and may be lost in whole or in part. Participation in staking is voluntary and is not required in order to register, access Data, transmit Submissions or appear in any standing.
Everesteer has no token. Everesteer issues no cryptographic token, coin or unit of account, and nothing in this Agreement or on the Platform confers any equity, ownership, membership, governance, voting, distribution, profit-participation or revenue right, or any claim to any fee, management fee or other compensation received by Everesteer or any affiliate.
Staking does not create an investment contract, a swap or a security-based swap, and confers no direct or indirect interest in any security, commodity interest, index, issuer, fund or portfolio, or in the performance of any of them. Nothing on the Platform constitutes investment, financial, legal, tax or accounting advice, an offer or solicitation, or a recommendation to transact in anything.
Blockchain transactions are irreversible and outside Everesteer's control. Everesteer cannot reverse a confirmed transaction and cannot recover assets lost through loss or compromise of credentials, misdirected transfer, protocol defect, network congestion, fork, or any wallet not controlled by Everesteer. You bear sole responsibility for the security of your credentials and wallets. Where staking operates on a public test network, the assets involved carry no monetary value.
12. Events, prizes and promotions
Everesteer may operate events, competitions and promotions on published supplemental terms, which prevail over this Agreement to the extent of any inconsistency in respect of that event. Eligibility, scoring, prize composition, and the manner and timing of any award are determined by Everesteer in its sole discretion. Everesteer may withhold, reduce, reallocate or annul any prize where a result is disputed, unverifiable, or obtained in breach of this Agreement. Prizes are personal, are not transferable, and carry no cash alternative unless stated.
13. Compute services, monitoring and session records
Everesteer may make available hosted training, inference, agent and artificial-intelligence compute services, subject to quotas, metering, fair-use limits, and the terms and availability of underlying third-party providers, and may withdraw or vary them at any time.
You acknowledge and agree that Everesteer records, stores and processes requests, prompts, completions, tool invocations, outputs, logs and related session material transmitted through or generated by such services, and may use the same to operate, secure, debug, audit and improve the Platform, to investigate suspected breach of this Agreement, to comply with legal obligations, and for research. Everesteer may monitor use of the Platform generally for these purposes. Processing of personal data is described in the Privacy Policy, which forms part of this Agreement.
14. Prohibited conduct
You shall not:
- register, operate or control more than one account, or act in concert with any person, in order to obtain any entitlement, allowance, allocation, ranking or advantage, or to circumvent any limit;
- collude, coordinate or otherwise act with any person to influence any standing, aggregate, consensus, metric or settlement;
- transmit any Submission derived from another User's Submission obtained without authorisation;
- interfere with, disrupt, overload, probe or test the vulnerability of the Platform, or exploit rather than report any defect, misconfiguration or error, including any error in scoring, settlement, accounting or entitlement;
- use the Platform in violation of any applicable law, including securities, market-abuse, export-control, sanctions and data protection law.
Suspected security or scoring defects shall be reported to [email protected] and shall not be exploited. Everesteer may reverse any benefit obtained in breach of this section.
15. Suspension, termination and survival
Everesteer may suspend, restrict, or terminate your account and access, in whole or in part, at any time, with or without notice or cause, including where it believes this Agreement has been or may be breached, where required by law, or where continued access presents risk to the Platform, to Everesteer, or to any other User. You may terminate by ceasing use and requesting closure. Termination does not entitle you to any refund, payment, restitution or continued access to any Data, record or Submission. Sections 1, 3, 5–11, 13 and 15–26 survive termination, together with any provision which by its nature should survive.
16. Intellectual property; feedback
The Platform and all content, software, interfaces, documentation, data preparation, obfuscation, distribution, scoring and aggregation methodologies, workflows, business models, designs, look and feel, and all trade marks, service marks and trade names of Everesteer are and remain the exclusive property of Everesteer and its licensors, and are protected by intellectual property law. You receive only the limited licences expressly granted in this Agreement. You hereby assign to Everesteer all right, title and interest in any suggestion, feedback, idea or recommendation you provide concerning the Platform, and Everesteer may exploit the same without restriction, attribution or compensation.
17. Taxes
You are solely responsible for determining, reporting, withholding and paying all taxes, duties and levies arising from your participation, and for compliance with all reporting obligations in every applicable jurisdiction. Everesteer provides no tax, legal or accounting advice, and makes no representation as to the treatment of any amount.
18. Disclaimer of warranties
THE PLATFORM, THE DATA AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERESTEER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EVERESTEER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY DEFECT WILL BE CORRECTED, OR THAT ANY DATA, SCORE, RANKING, SETTLEMENT OR RESULT WILL BE ACCURATE, COMPLETE OR AVAILABLE.
19. Assumption of risk
You access the Platform at your own risk and are solely responsible for any resulting loss, including loss of data, equipment, credentials, assets or opportunity. You acknowledge the risks inherent in predictive modelling, in distributed ledger technology and smart contracts, in third-party infrastructure, and in evolving regulatory treatment of any of the foregoing, and you accept those risks in full.
20. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERESTEER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OPPORTUNITY, DATA OR ASSETS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF EVERESTEER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO EVERESTEER IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
21. Indemnification
You shall defend, indemnify and hold harmless Everesteer and its affiliates, officers, directors, employees and agents from and against all claims, demands, proceedings, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to your access to or use of the Platform or the Data, your Submissions, your breach of this Agreement or of any law, or your infringement of any right of any person.
22. Force majeure
Everesteer shall have no liability for any failure or delay resulting from any cause beyond its reasonable control, including acts of God, natural events, epidemic, labour dispute, utility, telecommunications, hardware, software or hosting failure, defect or unintended operation of any smart contract, protocol, network or blockchain, congestion or fork, failure or discontinuation of any data, exchange or infrastructure provider, act or order of government, change in law or regulation, action taken to comply with the same, embargo, riot, terrorism or war.
23. Governing law; arbitration; class waiver
This Agreement, and any dispute, claim or controversy arising out of or relating to it, the Platform or their subject matter, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles.
Any such dispute shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its rules then in effect, before a single arbitrator, seated in Delaware, and conducted in English. Judgment upon the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, Everesteer may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, Data or confidential information.
THE PARTIES EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR CLASS-WIDE OR CONSOLIDATED ARBITRATION. Claims may be brought only in an individual capacity. The prevailing party shall be entitled to recover its reasonable costs and legal fees.
24. Limitation period
Any claim arising out of or relating to this Agreement or the Platform must be commenced within one (1) year after the cause of action accrues, failing which it is permanently barred, to the maximum extent permitted by law.
25. Miscellaneous
This Agreement, together with the Privacy Policy and any supplemental terms, constitutes the entire agreement between the parties and supersedes all prior understandings on its subject matter. No failure or delay in exercising any right operates as a waiver. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remainder shall continue in full force. You may not assign or transfer this Agreement or any right under it; Everesteer may assign it freely, including in connection with any merger, acquisition, reorganisation or sale of assets. Nothing in this Agreement creates any partnership, joint venture, agency or employment relationship, and there are no third-party beneficiaries. You consent to receive communications electronically.
26. Notices and contact
Notices to Everesteer shall be sent to [email protected]; notices to you may be sent to the address associated with your account or posted through the Platform. Privacy enquiries: [email protected]. Security reports: [email protected].