Omen

Terms of Service

Last Updated: January 26, 2025

These Terms of Service ("Terms") govern your access to and use of the Omen website located at https://omen.trading, the Omen mobile application, and any related software, services, features, or content provided by Omen (collectively, the "Services").

The Services are operated by Omen Trading, Inc., a Delaware corporation ("Omen," "we," "us," or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.

1. Acceptance of Terms; Privacy Policy

By using the Services, you represent that you have read, understand, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. Changes to the Terms or Services

We may modify these Terms at any time in our sole discretion. If we do so, we will update the "Last Updated" date above. Continued use of the Services after any changes constitutes acceptance of the revised Terms.

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time without liability.

3. Eligibility

You may use the Services only if you:

You are solely responsible for determining whether your access to and use of the Services is permitted under the laws applicable to you.

4. Description of the Services

Omen provides software and user interfaces that allow users to:

Omen does not operate a blockchain network, prediction market, exchange, clearinghouse, or settlement system, and does not custody user assets.

5. Self-Custodial Wallets; Privy

Certain wallet functionality within the Services is provided using third-party infrastructure, including Privy.

You acknowledge and agree that:

Your use of Privy is subject to Privy's own terms and policies. Omen is not responsible for any acts or omissions of Privy or any other wallet infrastructure provider.

6. Third-Party Services, Including Polymarket

The Services may enable access to or interaction with third-party services, websites, protocols, or platforms, including Polymarket (collectively, "Third-Party Services").

You acknowledge and agree that:

Omen provides an interface only and does not participate in, execute, clear, settle, price, or resolve any transactions conducted through Third-Party Services.

7. Fees

Omen does not currently charge any fees for use of the Services. However, we reserve the right to introduce fees in the future upon notice.

You are solely responsible for any third-party fees, including blockchain network fees ("gas fees"), that arise from your use of the Services.

8. Acceptable Use

You agree not to:

We reserve the right to restrict or terminate access to the Services for violations of these Terms.

9. Acknowledgment of Certain Risks; Regulatory Disclaimers; Release of Claims

9.1 Software-Only Role

You acknowledge and agree that Omen is a developer and provider of software and user interfaces only. Omen is not a broker, dealer, arranger, exchange, clearing agency, settlement provider, money transmitter, or financial intermediary of any kind.

Omen does not have oversight, involvement, or control over transactions you choose to conduct using the Services or through Third-Party Services. All transactions are initiated, authorized, and executed by users through self-custodial wallets and third-party protocols or smart contracts.

9.2 No Regulatory Registration or Approval

You understand and agree that:

9.3 No Advice

The Services are provided for informational and interface purposes only. Nothing provided through the Services constitutes investment, legal, tax, or financial advice. You are solely responsible for evaluating the risks and merits of any transaction.

9.4 Compliance with Laws

You are solely responsible for complying with all laws applicable to your use of the Services, including, without limitation:

9.5 Not a Money Services Business

You understand and agree that Omen is not a money services business or money transmitter subject to the Bank Secrecy Act, 31 U.S.C. § 5311 et seq., or similar state laws.

9.6 Assumption of Risk

You expressly acknowledge and assume all risks associated with your access to and use of the Services, including risks related to:

9.7 Release of Claims

To the fullest extent permitted by law, you expressly waive and release Omen and its officers, directors, employees, contractors, affiliates, and agents from any and all claims, liabilities, damages, losses, or causes of action arising out of or relating to your use of the Services.

If you are a California resident, you waive California Civil Code § 1542, which states:

"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."

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OMEN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES.

12. Indemnification

You agree to indemnify and hold harmless Omen from and against any claims, damages, losses, and expenses arising out of your use of the Services or violation of these Terms.

13. Termination

We may terminate or suspend your access to the Services at any time for any reason, including violation of these Terms.

14. Governing Law; Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

15. Miscellaneous

These Terms constitute the entire agreement between you and Omen regarding the Services. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right shall not be deemed a waiver.

Contact:
For questions regarding these Terms, contact: legal@omen.trading