Pollo Terms of Service and User Agreement

Introduction

Within these Terms of Service and User Agreement, you will find the stipulations governing how you may access, utilize, or otherwise engage with the Pollo platform, interfaces, and features offered by Pollo ("the Company," "Pollo," "we," "us," or "our"), whether you are acting on your own behalf or for an organization ("you" or "your"). Alongside any appended or incorporated documents, additional provisions, and our Privacy Policy (collectively, the "Terms"), these Terms of Service form a legally binding contract between you and us.

These Terms are applicable to (i) all content, informational functionality, and information features (the "Content Features") available on the Pollo platform and any other site to which the Terms are posted (each, as applicable, an "Interface") and (ii) software, including but not limited to the blockchain-based, smart contract protocol and Web3 SocialFi platform (the "Platform") known as Pollo, that may be available to users by connecting their self-hosted wallets via an Interface, including but not limited to the main platform (the "Technology Features" and together with the Content Features, the "Features").

The Platform primarily functions to provide gamified polling and social prediction features where users can share opinions, participate in polls, earn tokens, and engage in social competition. If you are in a Restricted Jurisdiction (as defined below), you are only permitted to use the Content Features on the Platform or any other Interface and may not use the Platform or any other Interface for any other purpose and you may not access the Technology Features, including and in particular the Platform.

NOTICE: PLEASE REVIEW THE TERMS CAREFULLY. BY ACCESSING, INTERACTING WITH OR USING THE PLATFORM OR ANY OTHER INTERFACE (INCLUDING BY LINKING YOUR WALLET, CREATING AN ACCOUNT, OR OTHERWISE CREATING AN IDENTIFIER ON THE PLATFORM), ANY INTERFACE OR ANY FEATURE, YOU AGREE THAT YOU ARE ABLE TO ENTER INTO A BINDING AGREEMENT AND, AS SUCH, HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AUTHORIZED TO INTERACT WITH, ACCESS OR USE ANY INTERFACE OR FEATURE.

INDIVIDUALS OR ORGANIZATIONS WHO ARE DOMICILED, SITUATED, FORMED, HAVE THEIR REGISTERED OFFICE, OR RUN THEIR MAIN OPERATIONS IN THE UNITED KINGDOM, FRANCE, ONTARIO, POLAND, THAILAND, TAIWAN, OR ANY OTHER RESTRICTED TERRITORY AS PROVIDED HEREIN (COLLECTIVELY REFERRED TO AS A "RESTRICTED PERSON") ARE NOT AUTHORIZED TO USE THE PLATFORM OR TECHNOLOGY FEATURES FOR TRADING OR GAMING. ADDITIONALLY, USE OF THE PLATFORM OR TECHNOLOGY FEATURES FOR TRADING OR GAMING IS NOT PERMITTED BY PERSONS OR ENTITIES (I) ON BEHALF OF ANY RESTRICTED PERSON(S) OR (II) DIRECTED, COORDINATED OR CONTROLLED BY ANY RESTRICTED PERSON (ANY SUCH PERSON OR ENTITY ALSO SHALL BE CONSIDERED A RESTRICTED PERSON).

THERE ARE NO EXCEPTIONS; THEREFORE, IF YOU FALL UNDER THE CATEGORY OF A RESTRICTED PERSON, YOU MUST REFRAIN FROM TRYING TO ACCESS THE PLATFORM, OR ANY RELATED TECHNOLOGY FEATURES TO CONDUCT TRADES OR PARTICIPATE IN GAMING ACTIVITIES. USE OF A VIRTUAL PRIVATE NETWORK ("VPN") OR ANY SIMILAR TOOL TO ATTEMPT TO OR TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED. ANY PERSON IN VIOLATION OF THESE TERMS MAY HAVE THEIR ACCOUNTS SUSPENDED AND BE PROHIBITED FROM ACCESSING THE TECHNOLOGY FEATURES IN OUR SOLE DISCRETION.

The Platform and Features

Description of the Platform and Features

The Platform contains different functionality – one part provides information about polls, opinions, and social prediction games (the "Information Site"), while another part contains features that allow users to participate in gamified polling, earn tokens, and engage in social competition through various Play2Earn modes.

The Platform operates as a Web3 SocialFi platform where gamified polling meets blockchain technology. Users can share authentic opinions, enter social competitions, and earn tokens through various activities including:

- Opinions Mode: Fast-paced interactive polling where users answer YES/NO or multiple choice questions and predict community agreement percentages

- Majority Polls: Token-based voting where users stake VOTE tokens and other available tokens to predict majority opinions

- Tournaments: Competitive format combining opinion questions with prediction strategy, featuring entry fees and prize distributions

- Social Features: Friend invitations, loyalty programs, and community engagement

The pricing information provided on the Platform relating to polls, tournaments, and token rewards does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Company.

Even when the Platform appears to be dynamic (e.g., updating or providing new displays when you – on your own accord – provide certain information), at no time is the Company taking action directed by you or on your behalf. In addition, if you connect your wallet or create an account on the Platform such that your self-hosted cryptocurrency wallet ("Wallet") is able to provide information to be transmitted to a blockchain network or other blockchain-based application, you should note that the Company (i) is not involved in providing or transmitting any such information to networks, (ii) cannot transmit any information to networks or otherwise assist in any transaction, (iii) never has access to and cannot control or provide guarantees relating to your Wallet and (iv) has no authority over and does not take possession or custody of your cryptoassets at any time, except as otherwise discussed herein. This also means that the Company is unable to assist with transactions: please be vigilant in interacting with any immutable blockchain technology.

You alone carry the responsibility of understanding your Wallet and its protective measures, which include credentials such as private keys and passwords. We will not and cannot access your private key, password, or any cryptoassets held within your Wallet nor can it reverse any transactions you initiate with your Wallet (or otherwise). We cannot be responsible or liable in any way for how you use your Wallet.

You should also familiarize yourself with the risks associated with transacting on blockchain networks, including but not limited to smart contract vulnerabilities, front end vulnerabilities, hacks, phishing attacks, social engineering attacks, cryptoasset volatility and transaction irreversibility.

The Company does not own or control the underlying blockchain networks on which the Platform operates. The Company is not responsible for the operation of the underlying blockchain networks, and the Company makes no guarantee of the network's functionality, security, or availability. The Company has no ability in any way to control, maintain, provide, operate, or improve the blockchain network underlying the Platform nor the activity or data thereon. The Company is not responsible for the activities of persons or entities who develop or use applications or who validate or verify transactions or other operations related to blockchain networks operated by third parties. The Company cannot control how blockchain networks operated by third parties market their blockchain networks and users should not assume any blockchain networks operated by third parties are affiliated with the Company. All transactions broadcast to the applicable blockchain network via your Wallet may require the payment of non-refundable network transaction fees, which shall be borne entirely by you.

We do not effectuate, facilitate or control any transactions initiated via the Platform, and the Company will not be responsible for the result of any transactions, including but not limited to failed, inadvertent, or fraudulent transactions that may result in loss of funds or transaction fees or any other loss or harm to you.

VOTE Token and Token Economics

The Platform utilizes VOTE tokens as the main game token that determines poll outcomes and fuels all in-game mechanics. VOTE tokens can be earned through:

- Winning in polls

- Inviting friends

- Completing daily tasks

- Increasing your Loyalty level

- Participating in Play2Earn modes: Opinions, Majority Polls, and Tournaments

The Company does not guarantee the value, utility, or availability of VOTE tokens or any other tokens used on the Platform. Token values may fluctuate significantly, and you may lose all value invested in tokens. The Company is not responsible for any losses related to token value fluctuations or token-related activities.

Account Creation and Management

Users can create accounts via Telegram, Google, or Basement.fun. Each account has an internal wallet. IMPORTANT: Losing access to the login method of your account will lead to loss of funds. The Company is not responsible for account recovery or fund recovery in case of lost access credentials.

Algorand Login Method: Pollo supports Algorand login methods. For user accounts not connected to Algorand wallets, a new account will be created. If a user created an account with a different login method and later connects an Algorand wallet, they can login with the Algorand wallet into their connected account.

Treasury Deposits: Pollo supports deposits into treasury to play in the games. Users must follow instructions in the app for particular blockchain flow. All user participation is recorded in a custom distributed database based on cloud replicated MongoDB. The Company is not responsible for any issues related to treasury deposits, blockchain transactions, or database operations.

Your Acknowledgement Relating to the Platform and Information on the Platform

You understand and concur that any content given through the Content Features, in association with your Platform usage, is purely for informational aims. The Platform strives to provide accurate information, but there is no guarantee or warranty that the information is updated, complete, or timely. For this reason, you acknowledge and agree that you are not relying on any of the information on the Platform or any other Interface for any purpose and expressly (i) disclaim any reliance on any information on the Platform or within the Features, and (ii) acknowledge that the Company will not be liable for any such information provided.

From time to time the Platform, any other Interface or the Features may be inaccessible or inoperable for any reason, including, without limitation: (A) equipment malfunctions; (B) periodic maintenance procedures or repairs that the Company or any of its suppliers or contractors may undertake from time to time; (C) causes beyond the Company's control or that the Company could not reasonably foresee; (D) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (E) unavailability of third-party service providers or external partners for any reason.

You should take all steps to independently verify any information on the Platform and any Interface on which you intend to rely and should not take action based solely on any information contained on any Interfaces, including blog posts, data, articles, links to third-party content, social media content (including Discord, Telegram, or other platforms), news feeds, tutorials and videos.

None of the information provided on the Platform, any other Interface, or through the Features should be construed as professional or investment advice, and the Company does not owe any duties and does not have any obligations to you based on the information provided on the Platform, any other Interface, or through the Features. You acknowledge and agree that all information provided in connection with your access and use of the Platform, any other Interface, and the Features is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Platform or any other Interface, or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, social media content, news feeds, tutorials, and videos. Before you make any financial, legal, or other decisions involving the Features, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

None of the information provided on the Platform, any other Interface, or through any of the Features shall be interpreted as an invitation or inducement to (i) exercise any rights to acquire, dispose of, underwrite, or convert any cryptoassets or digital assets or (ii) buy, sell, or induce a user to buy or sell any cryptoassets or digital assets.

The Company is not acting as an investment adviser, trading, tax, legal or other adviser to any person or entity.

Modifications

To The Terms

We reserve the right, in our sole discretion, to modify the Terms at any time or from time to time. The modified Terms will be posted on the Platform and any other Interface and will provide the last updated date at the top. Any modified Terms will become effective upon posting. By continuing to access, use or otherwise interact with any Interface or Feature after the effective date of any modification to the Terms, you are providing your explicit agreement to be bound by the Terms as modified. If you do not agree to be bound by any updated Terms, you are prohibited from using, accessing, or otherwise interacting with the Interfaces or Features. It is your responsibility to check any Interface you use regularly for modifications to the Terms.

To the Platform, any other Interface, or the Features

At our sole discretion, we have the authority to revise, replace, remove, limit access to, or augment the Platform, any Interface, or any Feature at any time, potentially without prior notice, including the deletion or substantive alteration of data and material.

We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the Platform, any other Interface, or the Features, in whole or in part, for any reason whatsoever, including, without limitation, to only allow open polls to be closed. Upon termination of your access, your right to use the Platform, any other Interface, or the Features will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to any Platform, any other Interface, or Features or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Platform, any other Interface, or the Features. The Platform, any other Interface, and the Features may evolve, which means the Company may apply changes, replace, or discontinue (temporarily or permanently) the Platform, any other Interface, or the Features at any time in its sole discretion.

Should your authorization to use the Platform, any Interface, or the Features end for any reason, the following sections will remain binding: Sections 5, 7-10, along with any other clauses that are, by law or nature, intended to persist.

Your Responsibilities, Representations & Prohibited Conduct

Your Representations

As a condition to accessing or using the Platform or the Features, you represent and warrant to the Company the following:

Of Age and Legal Authority. The Platform, any other Interface, and Features are intended only for users who are 18 years of age or older. If you are entering into the Terms on behalf of an entity, such as the company you work for, you represent to us that you have the legal authority to bind such an entity. If you do not meet these requirements, you are prohibited from accessing, using or otherwise interacting with the Platform, any other Interface, or Features.

Sanctions. You represent and warrant that you are not, and for the duration of the time you use the Platform, any other Interface, and Features, will not be (i) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties; (ii) in contravention of any laws and regulations pertaining to anti-money laundering or terrorist financing; (iii) included on the List of Specially Designated Nationals and Blocked Persons maintained by the US Treasury Department's Office of Foreign Assets Control (OFAC) or on any list pursuant to European Union (EU) and/or United Kingdom (UK) regulations (as the latter are extended to Panama by statutory instrument); or (iv) operationally based or domiciled in a country or territory in which sanctions imposed by the United Nations (whether through the Security Council or otherwise), OFAC, the EU and/or the UK apply, or otherwise pursuant to sanctions imposed by the United Nations, OFAC, EU, or UK. If at any point the above is no longer true, then you must immediately cease using the Platform, any other Interface, and Features.

Restricted Jurisdictions. You acknowledge and agree that you are not permitted to access, use or participate in the Platform if you are residing in, a citizen of, organized in or located in the following jurisdictions (collectively, the "Restricted Jurisdictions"): a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States, including but not limited to Iran, Syria, Cuba, North Korea, and the Crimea, Donetsk and Luhansk regions of Ukraine; United Kingdom, France, Ontario, Singapore, Poland, Thailand, or Taiwan.

Wallet Configuration. You represent and warrant that you – and only you – are responsible for properly configuring, as applicable, and using the Platform, any other Interface, or the Features or incorporating the Features into your applications or Wallet and for taking appropriate action to secure your data, including without limitation, financial or token information and private keys.

No VPN To Circumvent or Attempt to Circumvent. You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Platform, any other Interface, or the Features.

Sophistication. You represent and warrant that you possess sufficient knowledge, market sophistication, professional advice, experience and skills to engage with the Platform, any other Interface, and the Features, and that you have the requisite understanding of blockchain technology, cryptoassets and cryptography to be able to engage with the Features.

Applicable Law. You confirm and promise that you will abide by all relevant laws, and you shall refrain from utilizing the Platform, any Interface, or the Features if your jurisdiction's statutes or any other legal provisions disallow such use.

Financial Risks. Engaging in the Features, especially by participating in polls, tournaments, and token-based activities on the Platform, can involve significant monetary risk. You acknowledge and understand that participation in polls and tournaments is inherently risky by their nature and participation could result in the loss of the full amount supplied. Activities such as those available on the Platform are highly experimental, risky, and volatile. Transactions entered into in connection with the Platform are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Platform, any other Interface, and the Features at your own risk. The risk of loss in transacting in cryptoassets using the Platform can be substantial. Therefore, it is advisable to thoroughly evaluate whether these transactions align with your situation and economic capacity. Further, such risks and adverse outcomes may be exacerbated when leverage and/or derivative products are used and we may, at any time and in our sole discretion, elect to suspend or terminate our support of any or all supported Features. WHEN YOU PARTICIPATE IN POLLS, TOURNAMENTS, AND OTHER ACTIVITIES THROUGH THE PLATFORM, YOU MAY FORFEIT THE FULL SUM OF THE CRYPTOASSETS YOU ALLOCATE.

Poll and Tournament Resolution. You recognize and accept that the Company neither participates in nor holds any liability for resolving any polls, tournaments, or other activities presented on the Platform. You further acknowledge and understand that all polls and tournaments displayed on the Platform are resolved according to pre-defined rules and smart contract logic. You acknowledge and agree that the Company is not responsible for any disputes related to the resolution of any polls, tournaments, or other activities and that any such disputes shall be resolved through the prescribed process.

Your Responsibilities & Prohibited Conduct

You agree to access, use or otherwise interact with the Platform, any other Interface, and Features only in an authorized, proper and appropriate manner and in accordance with these Terms and with all applicable laws.

You agree that you will not:

- Violate any applicable laws or regulations through your access to or use of the Platform, any other Interface, or the Features;

- Violate the Terms;

- Engage in any activity that violates Applicable Law;

- Exploit the Platform, any other Interface, or Features for any unauthorized purpose;

- Circumvent or attempt to circumvent any content-filtering techniques, security measures or access controls that the Company employs on the Platform, including, without limitation, through the use of a VPN or similar measures;

- Provide false, inaccurate, or misleading information while using the Platform, any other Interface, or the Features or engage in activity that operates to defraud the Company, other users of the Features, or any other person;

- Harvest or otherwise collect information from the Platform, any other Interface, or the Features for any unauthorized purpose;

- Engage in activity that violates any Applicable Laws, rule, or regulation concerning the integrity of the Platform, any other Interface, and the Features, including (but not limited to): (i) any fraudulent act or scheme to defraud, deceive, trick or mislead; (ii) front-running; (iii) fraudulent trading; (iv) fictitious transactions; (v) pre-arranged or non-competitive transactions; (vi) cornering, or attempted cornering; (vii) violations of bids or offers; (viii) wash trading (e.g., placing or accepting buy and sell orders in the same poll, where you know or reasonably should know that the purpose of the orders is to avoid taking a bona fide market position exposed to market risk); (ix) manipulation; (x) spoofing (i.e., placing votes or stakes without a bona fide intent to participate and with the intent to cancel before execution); (xi) knowingly making any vote or stake for the purpose of making a market price that does not reflect the true state of the market; or (xii) any other activity that, in the reasonable judgment of the Company, is abusive, improper or disruptive;

- Use the Platform, any other Interface, or the Features in any manner that could disable, overburden, damage, or impair the Platform, any other Interface, or the Features or interfere with any other party's use or enjoyment or the Platform, any other Interface, or the Features;

- Use the Platform, any other Interface, or the Features, in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;

- Use the Platform, any other Interface, or the Features for or on behalf of any person residing in a jurisdiction that we have, in our sole discretion, determined is a jurisdiction where the use of the Platform, any other Interface, or the Features is prohibited, including all Restricted Jurisdictions;

- Reverse engineer, disassemble, or decompile the Interfaces or Features or apply any other process or procedure to derive the source code of any software included in the Interfaces or Features except to the extent applicable law does not allow this restriction or such rights have been expressly granted to you under a separate license;

- Sublicense, sell, or otherwise distribute the Interfaces or Features, or any portion thereof;

- Use any data mining tools, robots, crawlers, or similar data gathering and extraction tools to scrape or otherwise remove data from the Platform, any other Interface, or Features;

- Use any manual process to monitor or copy any of the material on the Platform, any other Interface, or Features or for any other unauthorized purpose without our prior written consent;

- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the Platform, any other Interface, or Features;

- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, any other Interface, or Features, the server(s) on which the Platform, any other Interface, or Features are stored, or any server, computer or database connected to the Platform, any other Interface, or Features; or

- Attack the Platform, any other Interface, or Features via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Platform, any other Interface, or Features.

Additional Information

The Company or a third party acting on behalf of the Company may, from time to time, request additional information from you, including, but not limited to, information to confirm that you are not a Restricted Person. If you do not provide such information within the time period set by the Company or if the Company determines, in its sole discretion, that such information is not adequate, the Company may, in its sole discretion, (i) terminate your access to the Platform, any other Interface, and/or Features, (ii) prohibit you from participating in any reward or incentive programs or product launches and (iii) take any other action the Company deems reasonable or necessary in its sole discretion.

Your Feedback

You have the option to share your observations or direct inquiries to us via certain Interfaces ("Feedback"). We welcome Feedback relating to improvements or updates to the Interfaces or Features, or inquiries about the same. We will try to review your Feedback but are not obligated to do so nor are we obligated to release any modifications or improvements you submit to us based on your Feedback.

You acknowledge and agree that we will own all right, title, and interest in and to all Feedback you submit. You represent and warrant that (i) you and your licensors own all right, title, and interest in and to your Feedback; and (ii) you will not violate any intellectual property or other rights of third parties in providing Feedback to us.

Intellectual Property Rights

Ownership & License

The Company or its licensors own all right, title, and interest, including all intellectual property rights, in and to the Platform, any other Interface, and Features, including any related content and technology, unless otherwise indicated. Subject to the Terms, the Company hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use, copy, and distribute in connection with such use the Platform, any other Interface, and Features. This license is solely intended to allow you to access, use or otherwise interact with the Platform, any other Interface, and Features.

You recognize and confirm that you are not granted any additional privileges or rights related to the Platform, any Interface, or its Features beyond those stated in these Terms. Certain Features may be provided to you under a separate license, such as the AGPL 3.0, the MIT License, or another open source (or other) license; third party features or applications integrated into the Platform or Features may be subject to other or additional intellectual property licenses and thus, you must review any terms relevant to those third party features or applications to determine the relevant license applicable thereto. You commit to refraining from any infractions of the provisions set forth under such standalone licenses.

Reciprocal License

By using the Platform, any other Interface, or any Feature, you grant us a limited, non-exclusive, sublicensable, worldwide, royalty free license to use, copy, modify and display any content or Feedback you provide to us or that you post on or through the Platform, any other Interface, or any Features solely for our business purposes, including but not limited to the purpose of providing the Platform, any other Interface, or Features for so long as is necessary to do so.

By providing any Feedback or providing any information on or through the Platform, any other Interface, or via the Features (collectively, the "Content"), you hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium, or manner, any Content, including, without limitation, for promoting the Platform, its affiliates, the Features, the Platform or any other Interface. You represent and warrant that (a) you own your Content or have the right to grant the rights and licenses in these Terms; and (b) your Content and our use of your Content, as licensed herein, does not and will not violate, misappropriate or infringe on any third party's rights.

Third Party Information or Services

As discussed throughout the Terms, the Platform, any other Interface, and Features may be integrated with or otherwise give access to applications, services, sites, technology, data, operations, features and resources that are provided or otherwise made available by third parties ("Third Party Services").

If the Platform, any other Interface, or Features may contain links to Third Party Services, then they are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access a Third Party Service integrated with or linked to any Interface or Feature, you proceed entirely at your own discretion and remain bound by the relevant terms applicable to that website. We reserve the right to withdraw linking permission without notice.

As further noted throughout these Terms, your access and use of Third Party Services may be subject to additional terms and conditions, privacy policies, or other agreements with those third parties, which we do not control and otherwise may have no relationship with. The Company also has no control over and is not responsible for such Third Party Services, including for the accuracy, availability, reliability, verification, or completeness of information or content shared by or available through Third Party Services, or the privacy practices of Third Party Services.

Your use of any Third Party Services is directly between you and that third party, and you acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Services. You, and not we, will be responsible for any and all costs and charges associated with your use of any Third Party Services.

You acknowledge and agree that the Company is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

Please review any applicable terms, privacy policies or agreements of Third Party Services prior to using such services. The integration or inclusion of such Third Party Services does not imply an endorsement or recommendation of such Third Party Services.

Indemnification

You agree to defend, indemnify, and hold harmless us and our licensors, and each of their respective employees, officers, directors, and representatives (collectively, the "Company Parties") from and against all liability for monetary damages, contractual claims of any nature, economic loss (including direct, incidental or consequential damages), loss of income or profits, fines, penalties, exemplary or punitive damages, and any other injury, damage, or harm, including reasonable attorney's fees ("Damages") that relate in any way to any demand, claim, regulatory action, proceeding or lawsuit, regardless of the cause or alleged cause, whether the allegations are groundless, fraudulent, false, or lack merit and regardless of the theory of recovery ("Claim(s)") arising out of or relating to: (i) your use of the Interfaces or Features (including any use by your customers, users, employees, and other personnel); (ii) breach of the Terms or violation of applicable law by you, your customers, users, employees and other personnel; (iii) a dispute between you and any third party; (iv) your alleged or actual infringement or misappropriation of any third party's intellectual property or other rights; and (v) your Feedback. In the event we receive any third party subpoena or other compulsory legal order or process associated with Claims described in (i) through (v) above, then in addition to the indemnification set forth above, you will reimburse us for our employees' and contractors' time and materials spent responding to such matters at our then-current hourly rates as well as our reasonable attorneys' fees.

If you are obligated to indemnify us, then you agree that we will have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms, and you agree to fully cooperate with us in the defense or settlement of such Claim.

Disclaimers and Limitations of Liability

Platform, Interfaces and Features

By accessing the Platform, any other Interface, or Features, you hereby acknowledge and agree that the Company cannot and does not guarantee the functionality, security, or availability of the Platform, any other Interface, or Features. The technologies on which the Platform, any other Interface, or Features rely may be subject to sudden changes and we cannot and do not guarantee that your access to the Platform, any other Interface, or Features or the ability to transact thereon will be uninterrupted or error free or that your cryptoassets will be secure at all times. You assume all risks related thereto.

No Representations or Warranties

THE PLATFORM, ANY OTHER INTERFACE, AND FEATURES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, NEITHER WE NOR ANY OTHER RELATED PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE INTERFACES OR FEATURES, AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (i) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (ii) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OR TRADE, (iii) THAT THE PLATFORM, ANY OTHER INTERFACE, OR FEATURES WILL BE ACCURATE, UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (iv) THAT ANY CONTENT OR ASSETS WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

Limitations of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS OR USERS, OPPORTUNITIES, GOODWILL, USE, DATA, CONTENT OR OTHER ASSETS), EVEN IF THE COMPANY OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (i) YOUR INABILITY TO USE, OR ANY DELAY IN THE USE OF, THE INTERFACES OR FEATURES, INCLUDING AS A RESULT OF ANY (A) TERMINATION OF THE TERMS OR YOUR USE OF OR ACCESS TO THE INTERFACES OR FEATURES, (B) OUR SUSPENSION OR DISCONTINUATION OF ANY OR ALL OF THE INTERFACES OR FEATURES, OR, (C) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE PLATFORM, ANY INTERFACES OR FEATURES FOR ANY REASON; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THE TERMS OR YOUR USE OF OR ACCESS TO THE INTERFACES OR FEATURES; (iv) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR DATA; (v) ANY CHANGE IN VALUE OF ANY CRYPTOASSET; OR (vi) ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACES OR FEATURES. IN ANY CASE, THE COMPANY'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $100.

Governing Law, Dispute Resolution and Class Action Waiver

Governing Law

These Terms and any action related thereto will be governed by the Panama Arbitration Law and the laws of Panama, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 14 "Dispute Resolution and Arbitration," the exclusive jurisdiction for all Disputes that you and the Company are not required to arbitrate will be the courts located in Panama, and you and the Company each waive any objection to jurisdiction and venue in such courts.

Dispute Resolution

Prior to commencing any legal proceeding against us of any kind, including an arbitration, you and we agree that we will attempt to resolve any Claim by engaging in good faith negotiations. Such negotiations require that the aggrieved party provide a written notice to the other party specifying the nature and details of the dispute (the "Initial Notice"). The party receiving such notice shall have twenty days to respond, and within forty-five days after the Initial Notice was sent, the parties shall meet and confer in good faith to try and resolve the Claim. If the parties are unable to do so within ninety days of the Initial Notice, the parties may agree to mediate their dispute or either party may submit to arbitration according to these Terms.

Mandatory Arbitration

Any dispute, claim or controversy arising out of or relating to the Terms, Interfaces or Features, or the breach, termination, enforcement, interpretation or validity of the Terms, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in Panama before one arbitrator. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. Except as otherwise provided in these Terms, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

Class Action / Representative Claim Waiver

Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. To the fullest extent permitted by applicable law, you agree that any proceeding to resolve any dispute, claim or controversy will be brought and conducted only in your individual capacity and not as a party (plaintiff or otherwise) or member of any class (or purported class), consolidated proceeding, multi-plaintiff proceeding or representative action or proceeding. Any arbitration will not be permitted to be consolidated or aggregated with any other arbitration and the arbitrator will not have any authority to do so and will not have the authority to make an award to any person or entity not a part of the individual arbitration in which you are a party. You further agree that any arbitrator may not preside over any form of class action involving you and us.

General Terms

Entire Agreement

The Terms, including any policies that expressly incorporate the Terms by reference, constitute the entire agreement between you and us regarding the subject matter herein. The Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, if any, whether written or verbal, regarding the subject matter of the Terms.

No Relationships or Assignments

Nothing in the Terms shall be construed to create any relationship between you and us other than as defined herein. Neither you nor we are an agent of each other under these Terms or otherwise, and you shall have no right to hold yourself out as in any way having a relationship with us other than as someone using, accessing or otherwise interfacing with the Interface and/or Features.

You agree that you are not permitted to assign or otherwise transfer any of your rights and obligations under the Terms, but the Company may assign or transfer the Terms, in whole or in part, without restriction. Any assignment or transfer in violation of this Section will be void. Subject to the foregoing, the Terms will be binding upon, and inure to the benefit of, the parties and their respective permitted successors and assigns.

Waiver

The failure by us to enforce any provision of the Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

Severability

If any portion of the Terms are held to be invalid or unenforceable, the remaining portions of the Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effectuate the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from the Terms but the rest of the Terms will remain in full force and effect.

Remedies

Any right or remedy of the Company set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of the Company in exercising or enforcing any right, power, or privilege under these Terms shall not operate as a waiver thereof.

Contact Us

You may contact us with questions, complaints, or claims concerning the Features at:

- Telegram: @polloverse_support

- Email: info@pollo.vote

By using the Pollo platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and User Agreement.