# LIMITATION OF LIABILITY

### **A. Exclusion of Consequential Damages**

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL **WHALE PREDICTION**, ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "WHALE PREDICTION PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

1. **FINANCIAL LOSSES:** ANY LOST PROFITS, LOST REVENUE, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY.
2. **DATA LOSS:** ANY LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO DATA, PRIVATE KEYS, OR "SOCIAL LOGIN" CREDENTIALS.
3. **INDIRECT DAMAGES:** ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

THIS APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

***

### **B. Cap on Liability**

IN THE EVENT THAT ANY WHALE PREDICTION PARTY IS FOUND LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE WHALE PREDICTION PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE **SHALL NOT EXCEED THE GREATER OF:**

1. THE TOTAL AMOUNT OF **TRADING FEES** ACTUALLY PAID BY YOU TO WHALE PREDICTION IN THE **THREE (3) MONTHS** IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. **ONE HUNDRED U.S. DOLLARS ($100.00 USD).**

***

### **C. Specific Carve-Outs**

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WHALE PREDICTION PARTIES SHALL HAVE NO LIABILITY FOR ANY LOSSES ARISING FROM:

1. **BLOCKCHAIN FAILURES:** Congestion, failure, or forks of the Ethereum, Polygon, Solana, or Base blockchain networks.
2. **THIRD-PARTY ACTS:** Hacks, security breaches, or insolvency of the Underlying Venues (e.g., Polymarket, Kalshi) or Infrastructure Providers (e.g., RPC nodes, Web3Auth).
3. **ORACLE DISPUTES:** Any error, delay, or controversial decision made by the Oracle mechanism used to resolve markets.
4. **REGULATORY ENFORCEMENT:** Any seizure or freezing of your assets by law enforcement or regulatory authorities.

***

### **D. Jurisdiction Limitation**

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES (SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES). ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


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