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Terms of Service - Numerai
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Numerai, Inc. Terms of Service
Last updated: August 31, 2026
Please read this Terms of Service Agreement (these “ Terms of Service ”) carefully. Your access and use of the website located at https://numer.ai/ and its subdomains, and any related websites, subdomains, or applications that link to these Terms of Service and are operated by Numerai, Inc. (“ Numerai ”, “ we ”, “ us ”, or “ our ”), its affiliates or agents (collectively, “ Site ”), and the information and services enabled through the Site (each including the Site, a “ Service ” and, collectively, the “ Services ”) are governed by these Terms of Service. Numerai provides a data science competition platform through which users of the Services (each, a “ User ” and, collectively, “ Users ”) may access datasets, train machine learning models, submit Predictions and/or stake User Assets in connection with Numerai’s artificial intelligence tournaments (each, a “ Tournament ”). These Terms of Service solely govern your access to and use of the Site and the Services provided by Numerai.
BY USING ANY SERVICES, CREATING AN ACCOUNT, CONNECTING A DIGITAL WALLET TO THE SITE, ENTERING A SUBMISSION, AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH NUMERAI, (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY (WHETHER OR NOT SUCH ENTITY IS REGISTERED OR INCORPORATED UNDER THE LAWS OF ANY JURISDICTION) YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS OF SERVICE; AND (4) YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH THE LAWS OF YOUR JURISDICTION. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES .
NUMERAI IS NOT AN EXCHANGE, TRUST COMPANY, LICENSED BROKER, DEALER, BROKER-DEALER, INVESTMENT ADVISOR, INVESTMENT MANAGER, OR ADVISER . NEITHER NUMERAI NOR THE SERVICES GIVE, OFFER, OR RENDER INVESTMENT, TAX, OR LEGAL ADVICE. NUMERAI DOES NOT OFFER, SELL, OR ADMINISTER ANY SECURITY, INVESTMENT CONTRACT, OR COMMODITY INTEREST UNDER THESE TERMS OF SERVICE. ANY INVESTMENT BANKING, BROKER-DEALER, PLACEMENT AGENT, TRANSFER AGENT, OR ADVISORY SERVICES RELATED TO OFFERINGS ON THE PLATFORM ARE PROVIDED SOLELY BY NUMERAI’S SEPARATELY REGULATED AFFILIATES PURSUANT TO SEPARATE AGREEMENTS WITH SUCH ENTITIES, AND NOT BY NUMERAI UNDER THESE TERMS OF USE. NUMERAI DOES NOT HOLD, CUSTODY, OR CONTROL YOUR FUNDS OR INVESTMENT PROCEEDS. ALL PAYMENT PROCESSING, FUND TRANSFERS, AND CUSTODY OF FUNDS ARE HANDLED BY LICENSED THIRD-PARTY SERVICE PROVIDERS AND/OR NUMERAI’S SEPARATELY REGULATED AFFILIATES, AS APPLICABLE, AND NOT BY NUMERAI. BEFORE MAKING FINANCIAL OR INVESTMENT DECISIONS, WE RECOMMEND THAT YOU CONTACT AN INVESTMENT ADVISOR, OR TAX OR LEGAL PROFESSIONAL.
SECTION 14 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND NUMERAI. AMONG OTHER THINGS, SECTION 14 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 14: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and participation in, certain Services may be subject to additional terms ( “Supplemental Terms” ), and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. These Terms of Service and any applicable Supplemental Terms are referred to herein as the “Agreement.”
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY NUMERAI IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Numerai will make a new copy of these Terms of Service available on the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the top of these Terms of Service. If we make any material changes, we may notify you by email or by notification through the Services or through our social media channels. Any changes to the Agreement will be effective immediately for new Users of the Site and/or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing Users. Numerai may require you to provide consent to the updated Agreement in a specified manner before further use of the Site and/or the Services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
1. DESCRIPTION OF THE SERVICES.
1.1 The Platform. The Services include access to Numerai’s proprietary data science competition platform (the “ Platform ”), enabled through the Site, that enables Users to create an Account (defined below), access datasets provided by Numerai or submit their own data or signals (as applicable to the particular Tournament), and train a machine learning model (a “ Model ”). The Platform may enable Users to generate probability estimates, predictions, signals, or other output based on datasets made available by Numerai (“ Predictions ”), and submit such Predictions to Tournaments (“ Submissions ”). Numerai reserves the right to accept, reject, disqualify, or disregard any Submission in its sole discretion. Certain datasets made available by Numerai through the Platform are licensed to you under the terms set forth in Section 4.2. Numerai may analyze a User’s Submissions on accuracy or other data science metrics chosen at Numerai’s sole discretion, and Users may earn rewards or other compensation based on the performance of their Submissions, as determined by Numerai (“ Rewards ”). Rewards are discretionary, and the terms governing Rewards are described further below. Each Tournament has submission deadlines as displayed on the Platform and any Submissions received after the applicable deadline may not be scored or be eligible for Rewards. The Platform includes a public leaderboard (the “ Leaderboard ”) that displays usernames, rankings, and other competitive metrics. Numerai does not guarantee the accuracy of any rank or metric.
1.2 Staking. Users may optionally stake User Assets accepted by the Platform on their Submissions. The specific digital assets eligible for staking are determined by Numerai in its sole discretion and may change from time to time. Staking may not be required to participate in any Tournament or to appear on the Leaderboard. If you elect to stake, your User Assets may be locked in connection with the applicable Submission through Numerai’s staking mechanism. Based on the performance of your Submission, as evaluated by Numerai in its sole discretion, you may receive additional digital assets as a Reward, or some or all of your staked User Assets may be permanently destroyed. The metrics, methodology, and criteria used to evaluate performance and determine Rewards (if any) are established by Numerai and may be disclosed in part, modified, or discontinued from time to time, all in Numerai’s sole discretion. Staking carries a risk of total loss of your staked User Assets. Numerai makes no representation or warranty of any kind, including as to economic value, with respect to any User Assets.
1.3 Numeraire (NMR). Numeraire (“ NMR ”) is a cryptographic token created by Numerai. NMR is the primary digital asset currently used for staking and Rewards on the Platform. Numerai controls the smart contracts governing the issuance, staking, reward, and burn mechanics of NMR, and may modify, upgrade, or replace such smart contracts from time to time. NMR may also be listed on third-party exchanges outside of Numerai’s control; Numerai makes no representation or warranty regarding the availability, price, or liquidity of NMR on any such exchange. From time to time, Numerai may engage in transactions of its own token, NMR. Numerai may display estimated conversion rates between NMR and fiat currencies sourced from third parties for informational purposes only.
1.4 Rewards. Numerai reserves the right, but has no obligation, to provide monetary prizes or payouts for Submissions that it deems outstanding on the basis of accuracy or other data science metrics, in the form, currency, or digital asset as set forth on the Platform and determined by Numerai in its sole discretion, on terms that Numerai may announce and change at any time. The Leaderboard, prospective payouts, and associated rankings may change as new Predictions are submitted before each Tournament deadline. Numerai reserves the right to withhold the specific weighting and combination of metrics used in any given payout determination.
1.5 Digital Wallets and User Assets. In order to access and use certain features of the Services, including staking, you may need to use a third-party digital asset wallet (each, a “ Digital Wallet ”). Any digital assets held in or associated with your Digital Wallet, including NMR (as described in Section 1.3) and any other digital assets accepted by the Platform for staking or Rewards from time to time, are your “ User Assets .” Access to and use of any Digital Wallet may be subject to additional terms and conditions between you and the applicable wallet provider. When you use or connect a Digital Wallet, you represent and warrant that (a) you own or have the authority to use such Digital Wallet; (b) all User Assets you stake, transfer, deposit, or otherwise make available in connection with the Services have been earned, received, or otherwise acquired by you in compliance with all applicable laws; and (c) no User Assets that you stake, transfer, deposit, or otherwise make available in connection with the Services have been “tumbled” or otherwise undergone any process designed to hide, mask, or obscure the origin or ownership of such User Assets. Numerai does not store or have access to your private keys, passwords, or other credentials associated with your Digital Wallet (except as required for the technical operation of an embedded wallet provisioned through the Services). You are solely responsible for the security of your Digital Wallet, your User Assets, and all activities conducted through your Digital Wallet. If you lose your private key or other access credentials, you may lose access to your Digital Wallet and any User Assets held therein, and Numerai does not have the ability to recover a lost private key. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR DIGITAL WALLET IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND NUMERAI DISCLAIMS ANY LIABILITY FOR INFORMATION THAT MAY BE PROVIDED TO IT OR USER ASSETS THAT MAY BE TRANSFERRED BY OR THROUGH SUCH THIRD-PARTY SERVICE PROVIDERS.
1.6 Open Source Software. You acknowledge and agree that the Services may use, incorporate, or link to certain software made available under an “open-source” or “free” license (“ OSS ” or “ OSS License ,” as applicable), and that your use of the Services is subject to, and you agree to comply with, any applicable OSS Licenses. Each item of OSS is licensed under the terms of the end-user license that accompanies such OSS. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end-user license for the OSS.
1.7 Corporate Structure. Numerai operates the Platform, the Site, and the Services described in this Agreement, and is the sole contracting party under this Agreement. Numerai’s affiliated investment management and fund entities (collectively, the “ Numerai Fund Affiliates ”) independently manage and trade one or more quantitative investment strategies and may use Submissions or other data obtained through the Services in connection with those activities. You acknowledge and agree that: (a) this Agreement does not create a contractual relationship of any kind with any Numerai Fund Affiliate; (b) neither this Agreement nor your participation in any Tournament creates any relationship, agency, partnership, or fiduciary duty between you and any Numerai Fund Affiliate; and (c) you have no right to receive information regarding, to direct, or to share in the performance, profits, fees, or carried interest of any Numerai Fund Affiliate or any investment vehicle it manages.
2. ELIGIBILITY; USER REPRESENTATIONS AND WARRANTIES.
2.1 Registration Data. When you create an account on the Platform (an “ Account ”) or access or use the Services in any way, you agree (a) to provide true, accurate, current and complete information about yourself as may be prompted by the Services from time to time ( “Registration Data” ); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You acknowledge and agree that our obligation to provide you with any Services is conditioned on the Registration Data being accurate and complete at all times during the term of this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or Numerai has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Numerai has the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof). You agree not to use the Services if you have been previously removed by Numerai or if you have been previously banned from any of the Services. Numerai reserves the right to obtain and retain any Registration Data or other identifying information as it may determine from time to time in order for you to use and continue to use the Services. By creating an Account, you consent to Numerai displaying your username, rank, and competitive metrics on the Leaderboard and elsewhere on the Site.
2.2 Eligibility. You represent and warrant that:
(a) You are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Services under the laws of the United States, your place of residence or any other applicable jurisdiction. If you are acting on behalf of a DAO or other entity, whether or not such entity is formally incorporated under the laws of your jurisdiction, you represent and warrant that you have all right and authority necessary to act on behalf of such entity;
(b) None of: (i) you; (ii) any affiliate of any entity on behalf of which you are entering into this Agreement; (iii) any other person having a beneficial interest in any entity on behalf of which you are entering into this Agreement (or in any affiliate thereof); or (iv) any person for whom you are acting as agent or nominee in connection with this Agreement is: (A) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac , or any person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure;
(c) You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies, data science competition, or token-trading activities or any other applicable laws, including, but not limited to, anti-money laundering or terrorist financing laws, and no investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to digital assets or other securities.
2.3 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services as applicable. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
3. YOUR ASSUMPTION OF RISK .
3.1 When you use the Services, you understand and acknowledge that Numerai is not a financial or investment advisor and that the Services entail a risk of loss and may not meet your needs. Numerai may not be able to foresee or anticipate technical or other difficulties which may result in data loss or other service interruptions. Numerai encourages you to periodically confirm the valuation of your User Assets. Numerai does not and cannot make any guarantee that your User Assets will not lose value. The prices of cryptocurrency assets can be extremely volatile. Numerai makes no warranties as to the markets in which your User Assets are staked, transferred, purchased, or traded.
3.2 You understand that like any other software, the Services could be at risk of third-party malware, hacks, or cybersecurity breaches. You agree that it is your responsibility to monitor your User Assets regularly and confirm their proper use and deployment consistent with your intentions.
3.3 Numerai has no control over any blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the relevant blockchain, and Numerai does not have the ability to facilitate any cancellation or modification requests. You accept and acknowledge that you take full responsibility for all activities that you effect through the Services and accept all risks of loss, to the maximum extent permitted by law. You further accept and acknowledge that:
(a) You represent and warrant that you (i) have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of your Digital Wallets and any blockchains to which your User Assets may be deployed or transferred in connection with the Services; (ii) have the knowledge, experience, understanding, professional advice, and information to make your own evaluation of the merits, risks, and applicable compliance requirements under applicable laws of any use of any blockchains to which your User Assets may be deployed in connection with the Services; (iii) know, understand, and accept the risks associated with any blockchains to which your User Assets may be deployed in connection with the Services; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to your use of the Services. You further agree that Numerai will have no responsibility or liability for such risks.
(b) The regulatory regimes governing blockchain technologies, cryptocurrencies, and tokens are uncertain, and new regulations or policies, or new or different interpretations of existing regulations, may materially adversely affect the development of the Services and the value of your User Assets.
(c) There are risks associated with using digital assets, including but not limited to, the risk of hardware, software, and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Digital Wallets; the risks of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable; and the risk that such digital assets may fluctuate in value. You accept and acknowledge that Numerai will not be responsible for any communication failures, disruptions, errors, distortions, delays, or losses you may experience when using blockchain technology, however caused.
(d) Numerai makes no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to your User Assets. You acknowledge and accept that the protocols governing the operation of a blockchain may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of User Assets supported by that blockchain.
(e) Numerai makes no guarantee as to the security of any blockchain or Digital Wallet. Numerai is not liable for any hacks, double spending, or any other attacks on any blockchain or your Digital Wallet.
(f) Any blockchain may slash or otherwise impose penalties on certain validators (including validators to which your User Assets have been deployed) in response to any activity not condoned by such blockchain. You acknowledge and agree that Numerai shall have no liability in connection with any such slashing or penalties, including any slashing or penalties that result in a loss or depreciation of value of your User Assets.
(g) Any blockchain supported by the Services is controlled by third parties, and Numerai is not responsible for their performance nor any risks associated with the use thereof. The Services rely on, and Numerai makes no guarantee or warranties as to the functionality of or access to any blockchain.
4. USE OF THE SERVICES.
4.1 License to the Services. Subject to the Agreement, Numerai grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely as described hereunder. You acknowledge and agree that nothing set forth herein shall be construed as a sale of any ownership interest in or to the Site, the Services, or any intellectual property rights associated therewith.
4.2 Data License and Confidentiality. Numerai may make available to you through the Platform certain datasets for use in connection with Tournaments, including datasets designated as “ Training Datasets ” (for the purpose of training your Model) and “ Tournament Datasets ” (for the purpose of generating Predictions) (collectively, together with any other data, datasets, or information provided to you by Numerai through the Services, the “ Data ”). Subject to your compliance with this Agreement, Numerai grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Data solely for the purpose of participating in Tournaments in accordance with this Agreement. The Data may be provided in numeric, obfuscated form using structure-preserving encryption techniques and may not on its face identify any security, issuer, index, or other financial instrument. You shall not use the Data for any purpose other than participating in a Tournament in accordance with this Agreement, and you shall not: (i) use the Data for any commercial purpose outside of the Services; (ii) attempt to reverse engineer, de-obfuscate, de-anonymize, decrypt, or otherwise determine the underlying financial instruments, securities, issuers, or market information reflected in the Data; (iii) redistribute, sublicense, sell, rent, lease, or otherwise make the Data available to any third party; or (iv) combine the Data with any other dataset for the purpose of identifying the underlying financial instruments to which it relates. You shall maintain the Data in confidence and shall not disclose the Data to any third party, except to a third-party cloud computing or software service provider engaged solely to assist you in training your Model, provided that such third party is bound by confidentiality obligations at least as protective as those in this Agreement and does not itself retain, use, or exploit the Data for any purpose other than providing services to you.
4.3 API License. Subject to your compliance with this Agreement, Numerai grants you a limited, non-exclusive, non-transferable, revocable license to access and use Numerai’s application programming interfaces, including any API’s made available by Numerai through the Services (collectively, the “ API ”), solely for the purpose of interacting with the Services programmatically in connection with your Account. Your use of the API is subject to any rate limits, usage policies, and technical requirements that Numerai may establish and modify from time to time. Numerai may issue you API keys or other credentials (“ API Keys ”) to authenticate your access to the API. API Keys are confidential; you shall not share, publish, or embed API Keys in publicly accessible code or repositories, and you are solely responsible for all activity conducted using your API Keys. Numerai may revoke any API Key at any time, for any reason, without notice. The API is provided on an “as is” and “as available” basis; Numerai does not guarantee any level of availability, uptime, or performance of the API and may modify, suspend, or discontinue the API at any time without liability to you.
4.4 Updates. You understand that the Services are evolving. You acknowledge and agree that Numerai may update the Services, including Tournament rules, scoring methodology, and payout mechanics, with or without notifying you.
4.5 Certain Restrictions. The Services are intended for your internal use only. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other content of the Services (including images, text, page layout or form) of Numerai; (c) you shall not use any metatags or other “hidden text” using Numerai’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site, other than through Numerai’s published API in accordance with this Agreement; (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any unauthorized use of any Services terminates the licenses granted by Numerai pursuant to the Agreement.
4.6 Third-Party Services . Certain features of the Services may rely on third-party websites, services, technology, or applications accessible or otherwise connected to the Services but not provided by Numerai, such as the Ethereum network and any wallet software or provider you use to hold or stake User Assets (each, a “ Third-Party Service ” and, collectively, “ Third-Party Services ”). Notwithstanding anything to the contrary in these Terms of Service, you acknowledge and agree that (a) Numerai shall not be liable for any damages, liabilities, or other harms in connection with your use of and/or any inability to access the Third-Party Services; and (b) Numerai shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of Third-Party Services or any other circumstances beyond Numerai’s control.
4.7 Feedback. If you submit ideas, suggestions, or proposals to Numerai regarding the Site or the Services (“ Feedback ”), you grant Numerai a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable right and license to use and exploit such Feedback for any purpose, without compensation to you.
5. OWNERSHIP.
5.1 The Site and Services. You agree that as between you and Numerai, Numerai and its suppliers own all rights, title and interest in the Site and the Services, including but not limited to, any software, computer code, algorithms, technology, themes, objects, concepts, artwork, animations, sounds, methods of operation, and documentation, as well as user interfaces, graphics, look and feel, workflow, business model, techniques for data preparation, encryption, distribution, and submittal, and Tournament procedures and methodologies, and all intellectual and proprietary rights related thereto. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
5.2 Trademarks. Numerai’s stylized name and all related graphics, logos, service marks and trade names used on or in connection with any Services, or in connection with the Services, are the trademarks of Numerai and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
5.3 Submissions and Assignment of Rights. By entering a Submission, you represent and warrant that: (a) the Submission does not violate or infringe any copyright, trademark, trade secret, or other proprietary or privacy right of any person or entity; (b) the Submission is either your sole and exclusive property or you own or otherwise control all rights necessary to grant the assignment set forth in this paragraph; (c) you have the authority to enter the Submission on behalf of any entity for which you enter it; and (d) the Submission has not been previously assigned to any third party. By entering a Submission, you unconditionally and irrevocably assign to Numerai all worldwide right, title, and interest in and to the Submission, including all intellectual property rights therein, and you waive any moral rights you may have in the Submission. Numerai hereby grants you a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, distribute, and create derivative works of your Submissions, including the right to exchange, trade, sell, license, or otherwise transfer your Models to third parties, provided that (i) such use does not include the Data or any proprietary or confidential information of Numerai, and (ii) such third-party recipients are not granted any rights in the Data.
5.4 User Conduct. You agree that you are solely responsible for your conduct in connection with the Services. You agree that you will abide by this Agreement and will not (and will not attempt to): (1) provide false or misleading information to Numerai; (2) use or attempt to use another User’s account or Digital Wallet; (3) pose as another person or entity; (4) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; (5) develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services; (6) bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services; (7) attempt to circumvent any content-filtering techniques we employ; (8) submit a Submission that infringes any third party’s intellectual property or other rights; (9) attempt to circumvent, de-obfuscate, or reverse engineer the Data; (10) collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; (11) use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); (12) bypass or ignore instructions that control all automated access to the Services; (13) use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement; (14) carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services; (15) engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities; (16) use the Services to carry out any financial activities subject to registration or licensing, including but not limited to using the Services to transact in securities, debt financings, equity financings or other similar transactions except in strict compliance with applicable law; (17) use the Service to participate in fundraising for a business, protocol, or platform except in strict compliance with applicable law; (18) attempt to access any Digital Wallet that you do not have the legal authority to access; or (19) create more than one account, or misrepresent your identity or authority to act on behalf of an entity. Any unauthorized use of any Services terminates the licenses granted by Numerai pursuant to the Agreement.
6. FEES.
6.1 Fees. Access to the Site and certain Services is free. However, Numerai reserves the right to charge fees (“Fees”) in connection with your use of certain Services from time to time. All pricing and payment terms for such Fees are as indicated on the Service, and any payment obligations you incur are binding at the time of the applicable transaction. In the event that Numerai makes available, and you elect to purchase, any Services in connection with which Numerai charges Fees, you agree that you will pay Numerai all such Fees at Numerai’s then-current standard rates. You agree that all Fees are non-cancellable, non-refundable, and non-recoupable.
6.2 Gas Fees. You may be required to pay Gas Fees in connection with transactions on the applicable blockchain, including staking and unstaking User Assets. “Gas Fees” are transaction fees determined by market conditions on the applicable blockchain, and are not determined, set, or charged by Numerai. You are responsible for ensuring that any payment made by you is sufficient to cover any applicable Gas Fees.
6.3 Taxes. You are responsible for all federal, state, local, sales, use, value added, excise, or other taxes, fees, or duties arising out of the Agreement (other than taxes based on Numerai’s net income).
6.4 Currency. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay any Fees. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any transaction.
7. INDEMNIFICATION.
You agree to indemnify and hold Numerai, its parents, subsidiaries, affiliates (including the Numerai Fund Affiliates), officers, employees, agents, partners, suppliers, and licensors (each, a “Numerai Party” and collectively, the “Numerai Parties” ) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your Submission; (b) your use of, or inability to use, any Services; (c) your violation of the Agreement, including any of your representations or warranties hereunder; (d) your violation of any rights of another party, including any Users; (e) your failure to provide accurate or complete data in connection with your use of the Services; (f) your violation of any applicable laws, rules or regulations, including anti-money laundering, sanctions, or securities laws. Numerai reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Numerai in asserting any available defenses. This provision does not require you to indemnify any of the Numerai Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Site or any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Agreement and/or your access to Services.
8. RELEASE
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE NUMERAI PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS WHICH MAY BE SUSTAINED BY YOU WHILE USING, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING ANY LOSS OF USER ASSETS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, PARTNERS, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.
To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar law or code in your jurisdiction, which states in substance “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You acknowledge that the releases in these Terms of Service are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.
9. DISCLAIMER OF WARRANTIES AND CONDITIONS.
9.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE NUMERAI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SITE. THE NUMERAI PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL FUNCTION AS INTENDED OR BE SUITABLE FOR YOUR PURPOSES, AND YOU BEAR ALL RISK ASSOCIATED WITH ANY USER ASSETS YOU HOLD OR STAKE IN CONNECTION THEREWITH.
(a) THE NUMERAI PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES, INCLUDING ANY LEADERBOARD RANKING, METRIC, OR PAYOUT, WILL BE ACCURATE OR RELIABLE. NUMERAI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY BLOCKCHAIN OR YOUR USE OF THE SAME. THE NUMERAI PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL BE FREE OF THIRD-PARTY MALWARE, HACKS OR OTHER CYBERSECURITY BREACHES.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS THEREFROM.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. NUMERAI MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NUMERAI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9.2 FROM TIME TO TIME, NUMERAI MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT NUMERAI’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
9.3 NUMERAI IS NOT AN INVESTMENT OR FINANCIAL ADVISOR. NEITHER NUMERAI NOR ITS SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, OR DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES. NEITHER NUMERAI NOR ITS SUPPLIERS OR LICENSORS SHALL BE CONSIDERED AN “EXPERT” UNDER THE APPLICABLE SECURITIES LEGISLATION IN YOUR JURISDICTION. NEITHER NUMERAI NOR ITS SUPPLIERS OR LICENSORS WARRANT THAT THIS SITE COMPLIES WITH THE REQUIREMENTS OF ANY APPLICABLE REGULATORY AUTHORITY, SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
9.4 No Liability for Blockchain Losses. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF USER ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (a) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (b) SERVER FAILURE OR DATA LOSS; (c) CORRUPTED DIGITAL WALLET FILES; (d) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (e) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES OR ANY DIGITAL WALLET. Numerai is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of any blockchain, software (e.g., smart contract), or any other features of or inherent to digital assets. Numerai is not responsible for any delay or failure to report any issues with any blockchain supporting User Assets, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.
9.5 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE NUMERAI PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK OR HOLD THE NUMERAI PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND ANY BLOCKCHAIN, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. NUMERAI SHALL BE UNDER NO OBLIGATION TO INQUIRE INTO AND SHALL NOT BE LIABLE FOR ANY DAMAGES, OTHER LIABILITIES OR HARM TO ANY PERSON OR ENTITY RELATING TO ANY LOSSES, DELAYS, FAILURES, ERRORS, INTERRUPTIONS OR LOSS OF DATA OCCURRING DIRECTLY OR INDIRECTLY BY REASON OF CIRCUMSTANCES BEYOND NUMERAI’S CONTROL.
9.6 No Liability in Connection with Open-Source Software. Notwithstanding anything to the contrary in these Terms of Service, you acknowledge and agree that any software or services you access under the terms of an OSS License is at your own risk, and Numerai shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond Numerai’s control, including without limitation through your use of any content under the terms of an OSS License.
9.7 No Liability for Third-Party Materials. As a part of the Services, you may have access to materials that are hosted or made available by another party. You agree that it is impossible for Numerai to monitor such materials and that you access these materials at your own risk.
9.8 No Liability in Connection with Blockchain Infrastructure. The blockchain(s) on which User Assets operate are independent, third-party, software-based protocols. Numerai has no obligation to monitor or control any use of such blockchain by you or any third party. Numerai makes no representations or warranties about the functionality of any such blockchain. All interactions on any such blockchain are undertaken at your own risk, and Numerai is not and shall not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party’s use of any such blockchain. ANY SUCH BLOCKCHAIN IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS” AND YOU ACCESS, INTERACT WITH, AND/OR BUILD ON ANY SUCH BLOCKCHAIN AT YOUR OWN RISK.
9.9 All claims, content, designs, algorithms, estimates, roadmaps, specifications, and performance measurements described in the Services are done in the good faith efforts of Numerai and its affiliates. It is up to you to check and validate their accuracy and truthfulness. Furthermore, nothing in the Service constitutes a solicitation for investment. Any content produced by Numerai has not been subject to audit and is for educational and informational purposes only. Numerai does not encourage, induce, or sanction the deployment, integration, or use of the Service in violation of applicable laws or regulations and hereby prohibits any such deployment, integration or use. This includes use of any such applications by you (a) in violation of export control or sanctions laws of the United States or any other applicable jurisdiction, (b) if you are located in or ordinarily resident in a country or territory subject to comprehensive sanctions administered by OFAC, or (c) if you are or are working on behalf of a Specially Designated National (“SDN”) or a person subject to similar blocking or denied party prohibitions.
9.10 NMR Disclaimers. As of the date of this Agreement, NMR may be listed on third-party exchanges outside of Numerai’s control. Numerai disclaims any and all responsibility, and makes no representation or warranty of any kind, including as to economic value, with respect to NMR acquired on any third-party exchange, and Numerai does not guarantee that NMR will continue to be listed or available for trading on any third-party exchange, or that any such listing will be maintained on terms favorable to holders of NMR. There is no guarantee, and no reason to believe, that NMR will increase in value. It may decrease in value, including to zero. Numerai may or may not support NMR, or any particular use of NMR on the Platform, for any period of time. NMR is not evidence of ownership or right to control Numerai and does not confer upon any holder any equity or ownership interest in, or any right to participate in the management or direction of, Numerai or any Numerai Fund Affiliate, nor any right to dividends, profits, distributions, liquidation preferences, voting rights, preemptive rights, or any other financial or governance rights of any kind with respect to Numerai or any Numerai Fund Affiliate, whether such rights are of a type typically associated with equity securities, debt securities, or any other form of security or investment instrument, nor any right to any monetary reward beyond the Rewards mechanics described in this Agreement. If NMR is deemed a “security” under the Securities Act of 1933 (as amended, the “Securities Act”), you acknowledge that NMR must be held indefinitely unless subsequently registered under the Securities Act or an exemption from registration is available, and that Numerai is under no obligation to register NMR. You acknowledge familiarity with Rule 144 under the Securities Act and acknowledge that NMR acquired in connection with the Services could constitute “restricted securities” under Rule 144. Numerai may (a) retain NMR in escrow or in a segregated location for so long as it is subject to resale restrictions under the Securities Act (including Rule 144), or (b) take other actions in its reasonable discretion to comply with applicable securities laws, which may include smart contracts, lock-ups, or similar restrictions.
9.11 Securities and Regulatory Disclaimers.
(a) Participating in any Tournament, staking User Assets, or submitting Predictions does not create or constitute an investment contract, security, swap, security-based swap, or commodity interest, and does not grant you any equity, ownership, or profit-participation interest in Numerai or any Numerai Fund Affiliate, nor any direct or indirect interest in any management fee, incentive fee, or other compensation paid to Numerai or any Numerai Fund Affiliate in connection with the provision of investment advice or fund management services to any person.
(b) The Data consists of numeric, obfuscated features that do not identify any specific security, stock, index, issuer, or market; you cannot use the Data, standing alone, to trade or provide analysis on any specific security or market.
(c) Rewards and losses of User Assets under this Agreement are determined by the performance of your Submissions as evaluated by Numerai, and do not track or link to the performance of any specific security, commodity interest, stock, index, or issuer.
(d) You represent and warrant that your Submissions do not contain, and were not designed based on, any material non-public information that you had a duty to refrain from disclosing, and that you have not disclosed any material non-public information to Numerai in connection with your use of the Services.
10. LIMITATION OF LIABILITY.
10.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE NUMERAI PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT NUMERAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR USE OF SERVICES OR ANY COMMUNICATIONS, INTERACTIONS OR EXCHANGES WITH OTHER USERS OF SERVICES OR THIRD PARTIES THAT INTERACT WITH THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING ANY SUCH DAMAGES RESULTING FROM: (a) LOSS OR DIMINISHMENT IN VALUE OF USER ASSETS, (b) THE USE OR INABILITY TO USE SERVICES; (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY BLOCKCHAIN; (f) ANY USE OF USER ASSETS, OR (g) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A NUMERAI PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A NUMERAI PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A NUMERAI PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, THE NUMERAI PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES WHERE SUCH REMEDY OR PENALTY CANNOT BE WAIVED OR REDUCED PURSUANT TO THIS AGREEMENT. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A NUMERAI PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A NUMERAI PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A NUMERAI PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.3 Content and Communications. NUMERAI ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
10.4 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10.5 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NUMERAI AND YOU.
11. MONITORING AND ENFORCEMENT.
If Numerai becomes aware of any possible violations by you of the Agreement, Numerai reserves the right to investigate such violations. If, as a result of the investigation, Numerai believes that criminal activity has occurred, Numerai reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Numerai is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including any information related to your account and other Registration Data, in Numerai’s possession in connection with your use of Services, (i) to comply with applicable laws, legal process or governmental request; (ii) to enforce the Agreement (iii) to respond to your requests for customer service, or (iv) to protect the rights, property or personal safety of Numerai, its Users or the public, and all enforcement or other government officials, as Numerai in its sole discretion believes to be necessary or appropriate.
12. TERM AND TERMINATION.
12.1 Term. The Agreement commences on the date when you accept the Agreement (as described in the preamble above) and remains in full force and effect while you use Services, unless terminated earlier in accordance with the Agreement.
12.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Services or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.
12.3 Termination of Services by Numerai. Numerai reserves the right to terminate this Agreement and your access to the Services at any time, for any or for no reason, with or without notice to you.
12.4 Termination of Services by You. If you want to terminate the Services provided by Numerai, you may do so by (a) notifying Numerai at any time and (b) ceasing all further use of the Services. Your notice should be sent, in writing, to Numerai’s email address set forth in Section 15.15.
12.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. Numerai will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, indemnification and limitation of liability.
12.6 No Subsequent Registration. If your ability to access the Services is discontinued by Numerai due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Services, and you acknowledge that you will not be entitled to receive a refund for any Fees related to those Services to which your access has been terminated.
13. INTERNATIONAL USERS.
The Site can be accessed from countries around the world and may contain references to the Services that are not available in your country. These references do not imply that Numerai intends to offer such Services in your country. Numerai makes no representations that Services are appropriate or available for use in other locations. Anyone accessing the Services does so of their own volition and is responsible for compliance with applicable law.
14. ARBITRATION AGREEMENT.
Please read this Section 14 (the “Arbitration Agreement”) carefully. It is part of your contract with Numerai and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
14.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Numerai agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services, any communications you receive or this Agreement and prior versions of this Agreement (each, a “ Dispute ”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Numerai may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Numerai may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed at the time you first became subject to this Agreement, but that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
14.2 Informal Dispute Resolution. There might be instances when a Dispute arises between you and Numerai. If that occurs, Numerai is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Numerai agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“ Informal Dispute Resolution ”). You and Numerai agree that, as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“ Informal Dispute Resolution Conference ”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.
To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“ Notice ”). Such Notice to Numerai should be sent by email to the email listed in Section 15.15. The Notice must include: (1) your name, telephone number, mailing address, and e‑mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‑mail address of your counsel, if any; and (3) a description of the Dispute, including the specific relief sought. Numerai will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a Numerai representative).
The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple Users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
14.3 Waiver of Trial in Front of Judge or Jury. YOU AND NUMERAI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Numerai are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
14.4 Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator 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 the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 14.9. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section 14.4 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Numerai agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state and federal courts located in San Francisco, California. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This Section 14.4 does not prevent you or Numerai from participating in a class-wide or mass settlement of claims.
14.5 Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration (defined below), and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested, you and Numerai agree that either party shall have the right to finally resolve the Dispute through binding arbitration.
The arbitration will be administered by the National Arbitration & Mediation (“ NAM” ) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “ NAM Comprehensive Rules ”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “ NAM Rules ”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/ .
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “ Demand ”). The Demand must include: (1) the name, telephone number, mailing address, e‑mail address of the party seeking arbitration, and the Account username (if applicable), as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‑faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Numerai should be sent by email to the email listed in Section 15.15. Numerai will provide the Demand to your email address on file. It is your responsibility to keep your contact information up to date.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“ Counsel’s Certification ”).
Unless you and Numerai otherwise agree, or the Batch Arbitration process discussed in Section 14.9 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the city where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “ Fee Schedules ”).
You and Numerai agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and Numerai agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
14.6 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under Section 14.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.
14.7 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding Section 14.4, including any claim that all or part of Section 14.4 is unenforceable, illegal, void or voidable, or that Section 14.4 has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
14.8 Attorneys’ Fees and Costs. Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules. If you or Numerai need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall be entitled to recover from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration.
14.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Numerai agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Numerai by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“ Batch Arbitration ”). NAM shall administer all batches concurrently, to the extent possible.
All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “ Administrative Arbitrator ”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Numerai.
You and Numerai agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
14.10 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the email listed in Section 15.15, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Numerai’s rights. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
14.11 Invalidity, Expiration. Except as provided in Section 14.4 if any part or parts of this Arbitration Agreement (other than Section 14.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 14.9 is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in San Francisco, California. You further agree that any Dispute that you have with Numerai as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. You and Numerai agree that any Dispute must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
14.12 Modification. You and we agree that Numerai retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted on the Services, and you should check for updates regularly. Notwithstanding any provision in this Agreement to the contrary, we agree that if Numerai makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Services, including the acceptance of products and services offered on the Services following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Numerai will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
15. GENERAL PROVISIONS.
15.1 Independent Contractors. The relationship of Numerai and you under this Agreement is that of independent contractors. Notwithstanding anything else set forth herein, neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other. Your use of the Services shall not imply, suggest, or otherwise attempt to create an employment relationship between Numerai and you.
15.2 Electronic Communications. The communications between you and Numerai may take place via electronic means, whether you visit Services or send Numerai e-mails, or whether Numerai posts notices on Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Numerai in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Numerai provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
15.3 Release. You hereby release the Numerai Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Services.
15.4 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Numerai’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
15.5 Force Majeure. Numerai shall not be liable for any delay or failure to perform resulting from causes outside its control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, epidemics, pandemics, governing laws, rules or regulations, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, software or smart contract bugs or weaknesses, and changes to any blockchain-related protocol.
15.6 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Services, please contact us at the email address listed in Section 15.15. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
15.7 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Numerai agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state and federal courts located in San Francisco, California.
15.8 Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
15.9 Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.
15.10 Notice. Where Numerai requires that you provide an e-mail address, you are responsible for providing Numerai with your most current e-mail address. In the event that the last e-mail address you provided to Numerai is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Numerai’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Numerai at the address or email address set forth in Section 15.15. Such notice shall be deemed given when received by Numerai by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the address set forth in Section 15.15, or when sent by email with confirmation of transmission to the email address set forth in Section 15.15.
15.11 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.12 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
15.13 Export Control. You may not use, export, import, or transfer Services except as authorized by the laws of the jurisdiction in which you access Services, and any other applicable laws.
15.14 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
15.15 Contact Information.
Numerai, Inc. Address: One Letterman Drive, Building C, Suite C3-100 The Presidio of San Francisco San Francisco, California 94129-1492 Email: [email protected]
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