Among other things, the Services may enable you to:

1. 1.create, access, or connect an account using email-based login, embedded wallet infrastructure, or other credentialing methods made available through one or more third-party providers, including Privy or successor providers;
2. 2.view market information, event information, prices, positions, balances, historical data, charts, analytics, settlement information, and related content;
3. 3.submit, transmit, route, relay, prefill, or facilitate user-directed instructions or orders to third-party platforms, including Polymarket and related infrastructure;
4. 4.connect to, access, or use third-party applications, smart contracts, blockchains, wallets, custody providers, compliance providers, or payment providers;
5. 5.manage preferences, notifications, alerts, watchlists, positions, or settings; and
6. 6.access any additional features, tools, content, or functionality that we may make available from time to time.

The Services are software tools only. Totem does not operate the underlying prediction market venue, does not create or issue the underlying market contracts, does not determine market outcomes, does not settle markets, and does not control the operation of Polymarket or any other third-party platform.

Totem does not custody customer funds or digital assets. If the Services enable you to create or use an embedded wallet, account, or authentication flow through Privy or another third-party provider, such functionality is provided by or through the applicable Third-Party Service, and your use of that functionality remains subject to the applicable third-party terms and policies.

The Services may interoperate with or depend on third-party services, including without limitation Polymarket, wallet providers, custody providers, identity or KYC vendors, sanctions screening vendors, payment service providers, blockchain networks, bridge providers, data providers, cloud service providers, and communications platforms (collectively, "Third-Party Services").

Your use of Third-Party Services is subject to the separate terms, privacy policies, disclosures, rules, fees, and eligibility requirements of those Third-Party Services. You are solely responsible for reviewing and complying with all such terms and requirements. Totem is not a party to your relationship with any Third-Party Service unless expressly stated otherwise in a separate written agreement.

Without limiting the foregoing, if you use Totem to access or interact with Polymarket-related functionality, you acknowledge and agree that your activity may also be subject to Polymarket’s terms, rules, policies, eligibility requirements, market rules, dispute procedures, settlement procedures, fee schedules, and restrictions, each as updated from time to time.

Totem does not control and is not responsible for the performance, availability, legality, security, accuracy, uptime, fees, market listings, resolutions, settlement, custody, compliance decisions, eligibility determinations, or actions of any Third-Party Service.

Totem provides software and user experience tooling only. Unless expressly stated otherwise in a separate written agreement:

1. 1.Totem is not a broker, dealer, exchange, trading venue, futures commission merchant, introducing broker, clearing agency, money transmitter, money services business, custodian, fiduciary, or financial institution;
2. 2.Totem does not execute, match, clear, settle, or intermediate trades;
3. 3.Totem does not determine whether any market should be listed, suspended, resolved, voided, or settled;
4. 4.Totem does not guarantee access to any market, product, instrument, feature, or venue;
5. 5.Totem does not take possession, custody, or control of your assets, private keys, credentials, or positions, except to the limited extent technically necessary for transient processing if expressly disclosed in the product flow; and
6. 6.Totem does not provide best execution, routing optimization obligations, or any duty to obtain the best available price.

Any transaction, order, instruction, market participation, or settlement that occurs through or in connection with the Services is initiated by you and may be executed, processed, or settled entirely by one or more Third-Party Services.

For the avoidance of doubt, the fact that Totem may present an embedded wallet, login flow, or account experience through Privy or another provider does not mean Totem is acting as a custodian or financial intermediary.

Totem may display or make available market data, rankings, analytics, historical information, commentary, educational content, interface labels, default settings, alerts, sentiment signals, filters, watchlists, or other information. All such information is provided for informational and convenience purposes only.

Nothing in the Services constitutes or should be construed as:

1. 1.investment, legal, tax, accounting, or other professional advice;
2. 2.a recommendation, solicitation, endorsement, or offer to buy, sell, enter, exit, or hold any position, market, instrument, or strategy;
3. 3.a representation that any market, event, contract, or position is lawful, suitable, appropriate, profitable, low-risk, or available to you; or
4. 4.a fiduciary undertaking by Totem.

You are solely responsible for evaluating any transaction, strategy, market, or risk and for obtaining independent advice where appropriate.

You may use the Site and Services only if:

1. 1.you are of legal age to form a binding contract in your jurisdiction;
2. 2.you have full power and authority to enter into these Terms;
3. 3.you are not a U.S. person, are not located in the United States, and are not accessing the Services from the United States;
4. 4.you are not prohibited from using the Site, the Services, or any relevant Third-Party Services under applicable law;
5. 5.you are not the subject of sanctions or located in, organized in, or ordinarily resident in any jurisdiction subject to comprehensive sanctions or embargoes applicable to Totem or relevant Third-Party Services;
6. 6.neither you nor any person that owns or controls you appears on any prohibited or restricted party list maintained by any relevant governmental authority; and
7. 7.your access to or use of the Services does not violate any applicable law, regulation, court order, or contractual restriction.

You further acknowledge that Third-Party Services may impose additional or overlapping eligibility restrictions, including geographic restrictions, identity verification requirements, source-of-funds checks, market-specific rules, or account-level limitations, and that Totem may, but is not obligated to, enforce or mirror such restrictions in the user interface. Totem intends the permitted jurisdictions for the Services to be the same as the jurisdictions permitted by Polymarket or the applicable underlying Third-Party Service, as updated from time to time.

You represent and warrant on an ongoing basis that you satisfy all eligibility requirements.

To use some or all of the Services, you may need to create, connect, or maintain an account with Totem or one or more Third-Party Services. The Services may allow you to authenticate using email-based login flows and to access an embedded wallet or similar wallet infrastructure provided by Privy or another third-party provider.

You are solely responsible for:

1. 1.maintaining the confidentiality and security of your credentials, devices, passkeys, authentication methods, wallet connections, linked email accounts, and recovery methods;
2. 2.all activity that occurs under your accounts or credentials;
3. 3.ensuring that your account information remains accurate, current, and complete; and
4. 4.immediately notifying us of any unauthorized access, misuse, compromise, or security incident relating to your use of the Services.

If the Services enable you to connect or access a wallet, embedded wallet, custody provider, or other credentialing framework, you understand that Totem may not store your seed phrase or recovery materials and may be unable to restore access if your credentials are lost or compromised.

You acknowledge that anyone with access to your credentials, linked email account, wallet, device, passkeys, accounts, or recovery methods may be able to access your positions or assets or submit instructions through connected Third-Party Services.

Some Services or features may be offered as beta, pilot, test, experimental, early-access, or pre-release features ("Beta Features"). Beta Features may be incomplete, inaccurate, interrupted, or contain bugs or security vulnerabilities.

Beta Features are provided on an "AS IS" and "AS AVAILABLE" basis for evaluation and testing purposes only. Totem may modify, suspend, or discontinue Beta Features at any time, with or without notice.

Totem may charge fees for access to or use of some or all of the Services, including trading-related fees, interface fees, software access fees, subscription fees, premium feature fees, or other service fees. Any applicable Totem fee may be displayed in the interface or otherwise disclosed at or before the time of use. By using the applicable Service or completing the applicable transaction, you authorize Totem to charge or cause such fees to be charged in the manner disclosed in the product experience.

Totem fees are separate from and in addition to any fees, spreads, commissions, gas costs, settlement charges, payment processing fees, blockchain fees, oracle fees, conversion fees, withdrawal fees, bridge fees, or other charges imposed by Third-Party Services. Totem is not responsible for such third-party fees and does not guarantee the accuracy of any fee estimate or quote.

Unless otherwise expressly stated by Totem in writing, all fees are non-refundable once incurred.

Totem may change its fees at any time, to the extent permitted by law.

Any quotes, estimated prices, estimated payouts, estimated probabilities, or other estimates shown through the Services are informational only and may differ from actual prices, fills, execution terms, costs, settlement amounts, or outcomes.

You agree not to, and not to assist or enable any other person to:

1. 1.violate any applicable law, regulation, sanctions program, court order, or third-party right;
2. 2.use the Services in connection with fraud, market manipulation, deceptive conduct, money laundering, terrorist financing, sanctions evasion, or any unlawful activity;
3. 3.misrepresent your identity, location, residency, source of funds, or eligibility;
4. 4.interfere with, disrupt, damage, disable, overburden, or impair the Site or Services;
5. 5.bypass, defeat, or circumvent any geofencing, sanctions screening, access controls, rate limits, or security measures;
6. 6.reverse engineer, decompile, disassemble, copy, scrape, or create derivative works of the Services except as permitted by applicable law;
7. 7.use bots, automation, or scripts in a manner not expressly authorized by us;
8. 8.upload or transmit any malware, viruses, harmful code, or malicious content;
9. 9.infringe intellectual property, privacy, publicity, or other rights; or
10. 10.use the Services in any manner inconsistent with these Terms or any applicable Third-Party Service terms.

If you submit, post, upload, transmit, or otherwise make available any content through the Services ("User Content"), you retain any rights you may have in that User Content, subject to the rights granted in these Terms.

You grant Totem a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable license to host, use, reproduce, modify, adapt, publish, display, distribute, and create derivative works of your User Content as necessary to operate, improve, secure, analyze, and provide the Services and as otherwise described in our Privacy Policy.

You represent and warrant that you have all rights necessary to submit the User Content and that your User Content does not violate any law or third-party right.

If you provide suggestions, comments, ideas, or feedback regarding the Services ("Feedback"), you grant Totem a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use and exploit that Feedback without restriction or compensation.

As between you and Totem, Totem and its licensors own all right, title, and interest in and to the Site and Services, including all software, text, graphics, interfaces, branding, designs, compilations, and other content made available by Totem, excluding User Content and third-party materials.

Subject to your compliance with these Terms, Totem grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services for your personal or internal business use.

You may not use Totem’s trademarks, logos, names, or other brand features without our prior written consent.

The Services may display, link to, embed, integrate with, or otherwise make available content, services, websites, resources, APIs, or promotions provided by third parties. Totem does not control and is not responsible for any third-party content or services, and inclusion or availability through the Services does not imply endorsement, sponsorship, or affiliation.

If you access or use any third-party service, content, or promotion, you do so at your own risk.

You acknowledge that the legal and regulatory treatment of prediction markets, digital assets, derivatives, event contracts, and related products is uncertain and may change.

Totem makes no representation that the Services or any transaction, market, feature, or Third-Party Service is lawful, appropriate, or available in your jurisdiction. You are solely responsible for determining, understanding, and complying with all laws and regulations applicable to you and your use of the Services.

Totem may implement screening, monitoring, geoblocking, account restrictions, market restrictions, or other compliance measures, but has no obligation to permit any person or activity to access the Services.

By using the Services, you acknowledge and accept, at a minimum, the following risks:

1. 1.prediction markets, event contracts, digital assets, stablecoins, and related products are highly risky and may result in total loss;
2. 2.market prices, probabilities, spreads, and liquidity can change rapidly;
3. 3.orders may fail, be delayed, partially execute, execute at worse prices than expected, or never execute;
4. 4.markets may be suspended, canceled, resolved, disputed, reversed, voided, delayed, or settled in ways you do not expect;
5. 5.the outcome determination, dispute handling, and settlement mechanics for any market are determined by applicable Third-Party Services and not by Totem;
6. 6.Third-Party Services may fail, become unavailable, be hacked, become insolvent, restrict your account, reject transactions, or change their rules;
7. 7.smart contracts, blockchains, bridges, oracles, APIs, embedded wallet providers, identity providers, and related infrastructure may contain bugs, exploits, outages, congestion, forks, delays, or other failures;
8. 8.your credentials, linked email account, devices, wallet connections, passkeys, accounts, or recovery methods may be compromised;
9. 9.regulations, enforcement actions, litigation, governmental orders, or policy changes may impair access to the Services or the value or transferability of positions or assets; and
10. 10.information displayed through the Services may be incomplete, stale, inaccurate, or misleading.

All decisions and transactions are made solely by you. Transactions may be irreversible and refunds may not be available.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TOTEM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR SYSTEM INTEGRATION.

TOTEM DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, SECURE, ERROR-FREE, TIMELY, ACCURATE, OR FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, TOTEM MAKES NO REPRESENTATION OR WARRANTY REGARDING:

1. 1.POLYMARKET OR ANY OTHER THIRD-PARTY SERVICE;
2. 2.THE AVAILABILITY, LEGALITY, VALIDITY, ENFORCEABILITY, OR SETTLEMENT OF ANY MARKET OR CONTRACT;
3. 3.THE EXECUTION, TIMING, ROUTING, MATCHING, CLEARING, OR SETTLEMENT OF ANY TRANSACTION;
4. 4.THE ACCURACY OF ANY MARKET DATA, PRICING, PROBABILITY, OR ANALYTICS;
5. 5.THE SECURITY OF ANY WALLET, ACCOUNT, BLOCKCHAIN, OR THIRD-PARTY INFRASTRUCTURE; OR
6. 6.THE SUITABILITY OF ANY TRANSACTION OR STRATEGY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTEM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, DIGITAL ASSETS, POSITIONS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SERVICES, OR ANY THIRD-PARTY SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TOTEM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO:

1. 1.ANY THIRD-PARTY SERVICE, INCLUDING POLYMARKET;
2. 2.ANY MARKET LISTING, SUSPENSION, RESOLUTION, VOIDING, SETTLEMENT, OR DISPUTE;
3. 3.ANY HACK, EXPLOIT, OUTAGE, FORK, CONGESTION, OR FAILURE OF ANY BLOCKCHAIN, SMART CONTRACT, OR ORACLE;
4. 4.ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT, WALLET, DEVICE, OR CREDENTIALS;
5. 5.ANY ERROR, DELAY, FAILURE, OR INTERRUPTION IN TRANSMISSION OR PROCESSING OF DATA OR INSTRUCTIONS; OR
6. 6.ANY REGULATORY ACTION, INVESTIGATION, OR CHANGE IN LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTEM’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) AND (B) THE AMOUNT OF FEES PAID BY YOU TO TOTEM FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You will indemnify, defend, and hold harmless Totem and its affiliates and their respective officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

1. 1.your access to or use of the Site or Services;
2. 2.your violation of these Terms;
3. 3.your violation of any applicable law or third-party right;
4. 4.your User Content;
5. 5.your use of or interaction with any Third-Party Service; or
6. 6.any allegation that information, instructions, or materials provided by you caused harm to Totem or any third party.

We may suspend, restrict, or terminate your access to all or any part of the Site or Services at any time, with or without notice, if we believe, in our sole discretion, that:

1. 1.you have violated these Terms;
2. 2.your use of the Services poses legal, regulatory, security, reputational, or operational risk;
3. 3.we are required to do so by law, court order, subpoena, or request from a governmental authority; or
4. 4.any Third-Party Service on which the Services depend has suspended, restricted, or terminated relevant access or functionality.

We may also modify, suspend, or discontinue all or part of the Services at any time.

These Terms and any dispute arising out of or relating to these Terms, the Site, or the Services shall be governed by the laws of the State of New York, without regard to conflict of laws principles, except to the extent preempted by federal law.

Please read this section carefully. It affects your rights.

To the maximum extent permitted by applicable law, you and Totem agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services shall first be submitted to informal dispute resolution by written notice to support@totemapp.xyz. If the dispute is not resolved within thirty (30) days after notice, either party may commence binding individual arbitration administered by JAMS or the American Arbitration Association under its applicable rules.

Unless prohibited by applicable law, arbitration shall be conducted on an individual basis only. Class actions, class arbitrations, representative actions, and private attorney general actions are not permitted.

Either party may seek injunctive or equitable relief in a court of competent jurisdiction for alleged infringement or misappropriation of intellectual property or unauthorized access to the Site or Services.

If this arbitration provision is found unenforceable as to any claim, then the exclusive jurisdiction and venue for such claim shall be the state and federal courts located in New York, New York, and each party consents to such jurisdiction and venue.

We may modify these Terms from time to time. If we do, we will post the updated Terms and update the "Last Revised" date above. Your continued use of the Site or Services after the updated Terms become effective constitutes your acceptance of the modified Terms.

These Terms constitute the entire agreement between you and Totem regarding the Site and Services, except as supplemented by any separate written agreement you enter into with Totem.

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

Totem’s failure to enforce any provision of these Terms shall not operate as a waiver of that provision or any other provision.

You may not assign or transfer these Terms without Totem’s prior written consent. Totem may assign these Terms without restriction.

The section headings in these Terms are for convenience only and have no legal effect.

If you have any questions about these Terms, please contact us at: support@totemapp.xyz