Terms of Service

These Terms of Service ("Terms") govern your access to and use of Kiyotaka.ai ("Kiyotaka", "we", "our", "us"), a specialized analytics and trade execution terminal (the "Platform").

By accessing or using the Platform, you agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must immediately stop using the Platform.

1. Eligibility

You may use the Platform only if:

• You are at least 18 years old.
• You have the legal capacity to enter into a binding agreement.
• You are not located in, a resident of, or accessing the Platform from a Restricted Territory (defined below).
• You are not using the Platform for illegal or prohibited activities.

Your use of the Platform constitutes a representation and warranty that you meet these requirements.

2. Restricted Territories

To comply with global regulations and the terms of execution venues (including Polymarket), users from certain jurisdictions are strictly prohibited from utilizing the execution and trading functionality of the Platform.

2.1 Blocked Countries

Users residing in, accessing from, or using VPN endpoints from the following jurisdictions are not permitted to use execution functionality:

• Australia (AU)
• Belarus (BY)
• Belgium (BE)
• Burundi (BI)
• Central African Republic (CF)
• Congo, Democratic Republic of (CD)
• Cuba (CU)
• Ethiopia (ET)
• France (FR)
• Germany (DE)
• Iran (IR)
• Iraq (IQ)
• Italy (IT)
• Lebanon (LB)
• Libya (LY)
• Malaysia (MY)
• Myanmar (MM)
• Nicaragua (NI)
• North Korea (KP)
• Poland (PL)
• Russia (RU)
• Singapore (SG)
• Somalia (SO)
• South Sudan (SS)
• Sudan (SD)
• Syria (SY)
• Taiwan (TW)
• Thailand (TH)
• United Kingdom (GB)
• United States (US)
• United States Minor Outlying Islands (UM)
• Venezuela (VE)
• Yemen (YE)
• Zimbabwe (ZW)

2.2 Blocked Regions

In addition to fully blocked countries, specific regions within the following countries are restricted:

• Canada (CA): Ontario (ON)
• Ukraine (UA): Crimea (43), Donetsk (14), Luhansk (09)

2.3 Close-Only Countries

Some jurisdictions have a "close-only" status. Users in these locations can only manage existing positions but cannot open new ones.

Close-Only Permissions:

• Close existing positions: Allowed
• Open new positions: Not allowed

Countries with close-only status:

• Poland (PL)
• Singapore (SG)
• Taiwan (TW)
• Thailand (TH)

You may still view analytics, charts, and public data, but trading is restricted as described above.

2.4 Anti-Circumvention

You agree not to use virtual private networks (VPNs), proxy services, device spoofing, or other methods to conceal your location or circumvent geo-blocking measures. We reserve the right to immediately suspend any account suspected of digital residency fraud.

3. Platform Overview

Kiyotaka provides a non-custodial interface for market intelligence and execution, featuring:

• Advanced market analytics, charting, and prediction market data.
• Embedded wallet infrastructure powered by Privy.
• A routing interface for transmitting user-signed transactions to Polymarket and other supported on-chain venues.

We are a software provider. We do not operate an exchange, act as a broker, or take custody of user funds. All settlement occurs on third-party blockchain networks.

4. Wallet Infrastructure (Privy)

The Platform exclusively utilizes Privy to provide seamless, embedded wallet functionality.

4.1 Key Management & Custody

• Embedded Architecture: Wallet accounts are generated via Privy's infrastructure. Private keys (or key shares) are encrypted and managed by Privy.
• No Access to Keys: Kiyotaka does not have access to your raw private keys, seed phrases, or unencrypted key material. We cannot initiate transactions without your authentication.
• User Responsibility: You are solely responsible for securing the authentication methods used to access your wallet (e.g., your email account, social login credentials, or passkeys). If you lose access to your authentication method, you may permanently lose access to your funds.

4.2 Recovery & Liability

Kiyotaka cannot recover lost funds, reverse transactions, or reset authentication credentials if you lose control of your primary login method. You acknowledge that all on-chain transactions are final and irreversible.

5. Third-Party Integrations

The Platform aggregates and interacts with third-party services, including but not limited to:

• Polymarket (Execution Venue & Order Book)
• Privy (Wallet & Auth Infrastructure)
• Public Blockchains (e.g., Polygon, Ethereum)
• Cloud & Data Providers (e.g., AWS, RPC Nodes)

We do not control these services. We are not responsible for outages, smart contract failures, liquidity crises, or inaccuracies caused by third parties. Your use of these services is subject to their respective terms and conditions.

6. Prohibited Activities

You agree NOT to:

• Use the Platform for money laundering, terrorist financing, or illegal commerce.
• Reverse engineer, scrape, or exploit the Platform's code or API.
• Interfere with Platform security or overload our infrastructure (DDoS).
• Engage in wash trading, spoofing, or market manipulation on supported venues.
• Impersonate others or provide false identification information.

7. No Financial Advice

The Platform is an informational tool.

• We do not provide investment, trading, or financial advice.
• No content, chart, or AI-generated insight constitutes a recommendation to buy or sell any asset.
• You are solely responsible for your trading decisions and strategy.

8. Disclaimer: No Brokerage or Exchange

Kiyotaka is NOT:

• A broker, dealer, or investment adviser.
• A customized exchange or settlement layer.
• A custodian of fiat or digital assets.

We do not match orders, hold funds, or guarantee best execution. We provide the interface; you provide the decisions.

9. Risk Acknowledgment

Trading in prediction markets and digital assets involves high risk. By using the Platform, you acknowledge:

• Capital Loss: Assets may lose some or all of their value.
• Technical Risk: Smart contracts, bridges, and wallets may contain bugs or be exploited.
• Regulatory Risk: Legislative changes may impact your ability to access the Platform or your funds.
• Oracle Risk: Prediction markets rely on oracles (e.g., UMA) for resolution; these may be disputed or incorrect.

You assume full responsibility for all risks associated with your activity on the Platform.

10. Feedback

If you submit feedback, feature requests, or suggestions, you grant Kiyotaka a perpetual, irrevocable, royalty-free license to use, modify, and incorporate that feedback without compensation or attribution.

11. Indemnification

You agree to indemnify and hold harmless Kiyotaka, its affiliates, and officers from any claims, damages, or losses arising from:

• Your breach of these Terms.
• Your violation of any law or the rights of a third party.
• Your use of the Platform or reliance on its analytics.
• Disputes regarding the ownership or security of your Privy-connected accounts.

12. Limitation of Liability

To the maximum extent permitted by law:

• Kiyotaka is not liable for indirect, incidental, punitive, or consequential damages.
• Kiyotaka is not responsible for trading losses, execution delays, or wallet failures.
• Cap on Liability: Our total liability to you for any claim arising out of these Terms or your use of the Platform shall not exceed USD $100.00.

13. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including internet outages, blockchain network congestion, cloud provider failures, acts of God, war, or regulatory intervention.

14. Changes to These Terms

We may update these Terms at any time. Material changes will be indicated by updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes acceptance of the new Terms.

15. Governing Law

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.

16. Contact Us

For legal inquiries regarding these Terms, please contact us at legal@kiyotaka.ai.