Terms of Service

Scope

These terms, and the Privacy Notice at gambit.trading/privacy, which is incorporated into these terms, govern your use of the Gambit websites at gambit.trading and app.gambit.trading and the associated tools and services.

Together, those websites and tools are the "Services." The Services are software, a user interface, data display, and tools that let you view information, discuss markets with an assistant, configure transaction parameters, and, where a feature supports it, send instructions you have confirmed to unaffiliated third-party venues, protocols, smart contracts, wallets, or other providers. We do not operate an exchange, designated contract market, swap execution facility, broker-dealer, introducing broker, futures commission merchant, clearing organization, custodian, or prediction-market venue.

The Services do not include outside websites or platforms that the Services link to or connect with. Those platforms have their own terms, which control activity on them. They include the Hyperliquid interface operated by Hyperliquid Corp. at app.hyperliquid.xyz, and any other venue, protocol, wallet, data source, or on-ramp you choose to use. We are not responsible for transactions on those platforms.

EMBR DEV PTE. LTD., a private limited company incorporated in Singapore, and its affiliates operate the Services. In these terms they are the "operator," "Gambit," "we," or "us."

These terms affect your right to use the Services, conduct that is prohibited, our disclaimers, limits on liability, your agreement to cover certain claims, and how disputes are resolved, including individual arbitration and a waiver of jury trial and class actions. Read these terms and the Privacy Notice before you use the Services. By using the Services, you agree to them. If you do not agree, do not use the Services.

Important terms

Pay particular attention to Disclaimers, Limits on liability, Your responsibility, and Disputes.

Using the Services may require fees to us, to a venue, or to other parties, including network fees to record a transaction. We do not control those third-party charges or whether a transaction is accepted. Before you confirm a transaction, make sure the wallet you are using has enough of the relevant asset to cover it.

Your permission to use the Services

Subject to these terms, we give you permission to use the Services. That permission is personal to you. Anyone else who uses the Services must agree to these terms themselves.

Conditions for use

You may use the Services only if:

• you are at least 18 years old;
• applicable law does not bar you from using the Services, and you are not accessing them from a place where they are prohibited;
• we have not told you that you may no longer use the Services;
• you follow Acceptable use and Content standards;
• you are not a resident, national, or agent of Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the Donetsk or Luhansk regions of Ukraine, or any other country or territory subject to a comprehensive embargo or similar sanctions administered by the United States, the United Kingdom, or the European Union;
• you are not a Specially Designated National or otherwise listed on a sanctions list maintained by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department, the U.S. Department of State, the United Kingdom, the European Union, or the United Nations, and you will not use the Services for illegal activity; and
• you will not use the Services if doing so would be unlawful for you.

You are responsible for deciding whether your use is lawful where you are. We may restrict access from any jurisdiction.

The Services

Gambit is an interface. It shows market information and lets you prepare transactions for venues and protocols we do not operate. Where a feature connects to a third-party venue, that third party handles account eligibility, order acceptance, execution, clearing, custody, settlement, and market rules. You may need your own relationship with that third party. We do not promise that any third party will accept, route, execute, clear, settle, or cancel a transaction.

Some functionality, including interaction with particular venues, may be unavailable in the United States and in other jurisdictions.

Traders who use a third-party protocol deal with other users or with that protocol under its own rules. We are not a party to those transactions, we are not your agent, and we do not take the market risk of your positions. Our role in an order is to provide software that signs and transmits the instruction you confirm. We do not choose a side for you, and we do not exercise discretion over whether a confirmed order should be sent, resized, or routed differently from the parameters you submit.

To send orders you confirm through the assistant, you can approve a Hyperliquid API wallet (an "agent key") for your trading account. We generate that key on our servers and store it encrypted. It can place, modify, and cancel orders on your account, but it cannot withdraw or transfer your funds. We use it only to send an order, modification, or cancellation after you confirm it. The approval expires 180 days after you grant it. You can revoke it sooner on Hyperliquid, and it stops working when the approval expires.

The Services may include an assistant that discusses markets, explains information already on screen, and can prepare a trade ticket for you to review. Those outputs are informational. They are not an offer, a solicitation, investment advice, or a transaction we place on our own. You decide whether to change, reject, or confirm any ticket. An order, modification, or cancellation is sent only after you confirm it. Autonomous or unattended order placement is not part of the Services. The Services can watch markets and send you alerts while you are away. Those checks notify you. They do not place, modify, or cancel orders.

Displays of prices, routes, fees, venues, and estimates can be incomplete, delayed, or wrong. Check them before you rely on them. Charts, examples, and illustrations are informational and are not a contract. A default venue, sort order, or prefilled field is a technical convenience. It is not a statement that the displayed option is the best or the most suitable.

We are not an exchange, broker, dealer, adviser, fund manager, custodian, or creditor, and we are not your counterparty. Nothing on the Services is financial, legal, regulatory, or tax advice. We may suspend or end access for any user, including for a breach of these terms, and we are not liable for that suspension. Access can degrade or fail during volatility, congestion, or outages. We do not guarantee continuous availability or that a request to a third party will succeed.

Descriptions of features, integrations, assets, or markets are not solicitations or recommendations of any transaction, position, asset, venue, or strategy.

Non-custodial

The Services are non-custodial. We do not hold or control your digital assets, and we do not operate the blockchain on which they are recorded. Assets you acquire are held in a wallet you control or in a wallet provided by a third party under that provider's terms. We will not recover a lost private key, seed phrase, password, or other credential, and assets in a wallet you can no longer access may be unrecoverable.

If you use a third-party wallet, authentication, or embedded-wallet provider, that provider's terms govern key management and account access. We are not liable for the acts or omissions of wallet providers, venues, or other third parties, or for losses from your transactions with them.

Acceptable use

• Do not break the law with the Services, including rules on market integrity such as wash trading, spoofing, or other deceptive trading, and laws on money laundering, terrorist financing, and proliferation financing. You are responsible for the laws that apply to you. If we determine that you have broken the law, we may revoke access. We are not obliged to warn you of a potential violation.
• Do not exploit errors, bugs, or unintended behavior, including attempts to gain unauthorized access, manipulate transactions, or interfere with leverage or liquidation mechanisms.
• Do not use another person's account or wallet without their permission, buy or sell usernames, publish other users' personal information, or send advertisements or chain letters through the Services except where a feature expressly allows it.
• Do not imply that we sponsor or endorse you, remove proprietary marks from materials you download, or bypass security or access restrictions, including by hiding your location to evade these terms.
• Do not overload the Services, scrape them with automated tools except to index public pages for a search engine, impersonate others, reverse engineer the Services except where the law allows it, or use a device modified to defeat the manufacturer's controls.
• Do not encourage anyone else to violate these terms, and do not use the Services for insider trading, misuse of confidential information, manipulation of event outcomes, pre-arranged or fictitious trades, collusion, or any breach of the rules of a venue the Services connect to.

Content standards

• Do not submit content that is illegal, defamatory, harassing, abusive, or otherwise harmful, or that infringes intellectual property or privacy, or breaks an agreement you have with someone else.
• Do not submit malware, placeholder content meant only to reserve an identifier, or information about others that you have no right to disclose. Do not submit private keys, seed phrases, passwords, or government identifiers to the assistant.
• These standards also apply to content hosted elsewhere and embedded in the Services. We decide whether a submission violates them.

Enforcement

We may investigate violations and cooperate with law enforcement. We may change, redact, or delete content. If you believe content violates these terms, contact us. We may refuse a transaction, set limits, or add conditions on your use, and we may make the Services unavailable, in each case without prior notice.

Your information

You agree to:

• give accurate information when a form or we ask for it, and keep that information current;
• keep your credentials secure and tell us promptly about a change that could affect your eligibility; and
• accept responsibility for use of your account and for actions taken with it, including a transaction you confirm.

We and our partners may screen wallet addresses and other information against sanctions and similar lists where our policies or the law require it. You consent to that screening. A refusal to provide the Services is not investment, legal, or tax advice. We may deny access for any reason, including information from a screening, whether or not that information is complete.

Third-party service providers

We use service providers to run the Services. You authorize us to share information with them as needed to provide the Services, and you authorize them to use, disclose, and retain that information as described in the Privacy Notice, in their own terms, and as required by law. Providers include, among others:

• Privy, for authentication and wallet access
• Hyperliquid, for venue connectivity where you choose to trade
• OpenRouter and the model providers it routes to, for assistant responses
• Amazon Web Services and Vercel, for hosting and delivery
• analytics providers described in the Privacy Notice, such as Google Analytics and Vercel Analytics
• Telegram, if you link it, for messages you send the bot and alerts we send you

If the Services offer a fiat on-ramp, that function is provided by a third party under that party's terms. We are not responsible for errors or losses from your use of an on-ramp.

Your content

You keep ownership of content you submit, including messages to the assistant. We do not take ownership of it, and these terms do not give you ownership of our software or content. You are responsible for what you submit. You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process that content as needed to operate the Services, including sending messages and related context to third-party model providers so the assistant can respond and prepare a ticket for your review. That license ends for a given item when the last copy is gone from our systems, backups, and caches, except where a separate license you granted continues.

Other users or providers who receive your content may misuse it. We are not liable for that misuse. We may close accounts of repeat intellectual-property infringers. Our use of messages for model training is described in the Privacy Notice. We do not currently use your messages to train models.

Our content

We or our licensors own the intellectual property in the Services, except for your content, open-source components under their own licenses, and third-party names, logos, and data shown for identification. Display of a third-party mark does not mean that party sponsors or endorses us. You may view the Services for your own use. You may not republish, sell, rent, sublicense, or copy our content except for your own content or content you are licensed to reuse. These terms grant no license except the permissions they state.

Your responsibility

You will reimburse us for the costs of legal claims by others that relate to your breach of these terms, a breach by someone using your account, or your use of the Services, including a regulatory claim connected to that use. Each side will notify the other of such a claim as soon as reasonably possible. If we fail to notify you promptly, you need not cover costs you could have avoided with prompt notice. You allow us to control the investigation, defense, and settlement of a claim you must cover, and you will cooperate. We will not settle that claim by admitting fault on your behalf or by requiring you to act, unless you agree.

Disclaimers

You accept the risk of using the Services. To the extent the law allows, we provide the Services and their content "as is," without warranty. You waive implied warranties of merchantability, fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment, and non-infringement.

You accept the risks of, among other things:

• holding, transferring, and trading crypto assets, including total loss, and disclosure or loss of a wallet credential, even if a software error contributed;
• failures of bridges, oracles, venues, and liquidity sources; code vulnerabilities; slippage; leverage and liquidation; and regulatory limits on whether a blockchain transaction can be enforced;
• assistant output that is wrong, incomplete, delayed, or unsuitable, including a prepared ticket that does not match your intent;
• incompatibility with your device or carrier, suspension of access, and failures of hardware, software, or connectivity; and
• the public and immutable nature of blockchain records.

These terms do not create fiduciary duties. To the extent any such duty would otherwise exist, you waive it to the extent the law allows. Nothing here is a waiver that would be impermissible under the U.S. securities laws or any other law that forbids such a waiver.

We and our affiliates do not give investment, legal, or tax advice. You are not relying on us for an investment decision. You are responsible for determining and paying any tax on your activity. Digital assets are not legal tender, are not government-backed, and are not protected by deposit insurance. Prices can change sharply. We do not promise that you will not lose money.

Smart contracts and third-party software the Services rely on, including cloud services, analytics, and oracles, can fail or be attacked. Regulatory treatment of digital assets and of software interfaces is unsettled and can change, including by making the Services unavailable in some places.

Our interests can differ from yours. We may have business relationships with venues and issuers, and we may receive fees, rebates, or other compensation from users, affiliates, venues, or providers. Where a fee we charge is material to your use, we describe it in the Services.

Do not use the Services to trade on material nonpublic or improperly obtained information, or in a market whose outcome you control or materially influence, except where the law and that market's rules allow it.

Limits on liability

To the extent the law allows, neither you nor we are liable to the other for financial losses, loss of use, data, business, or profits, or indirect, special, consequential, exemplary, or punitive damages arising out of the Services or these terms.

Our aggregate liability for claims arising out of these terms or the Services will not exceed the greater of (a) the fees you paid to us for the Services in the six months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

These limits are a basic part of the bargain. They apply to both sides and to each side's affiliates, agents, and personnel; to claims in contract, tort (including negligence, gross negligence, and willful misconduct), or otherwise; whether or not the possibility of the damages was known; and even if a limited remedy fails of its essential purpose. Each side agrees not to seek damages above an applicable cap. Some jurisdictions do not allow certain limits, in which case a limit applies only as far as the law allows. This paragraph is not a concession that any limit is unenforceable.

Termination

Either you or we may end this agreement at any time. When it ends, your permission to use the Services ends. If you violate these terms, the agreement ends automatically and you must stop using the Services. Provisions that by their nature should survive, including disclaimers, limits on liability, your responsibility for claims, and Disputes, survive.

Disputes

The laws of Panama govern these terms and proceedings related to them or your use of the Services, without regard to conflict-of-law rules.

Disputes related to the Services or these terms, including whether a dispute is arbitrable, will be resolved by arbitration after an attempt at conciliation, administered by the Panama Conciliation and Arbitration Centre under its rules, which are incorporated here. The tribunal will be one arbitrator. The language will be English. The arbitrator's decision is final and may be entered in any court with jurisdiction. The arbitration will be conducted remotely to the extent the rules allow. Each side will keep the proceedings and any award confidential, except as needed to conduct the arbitration or enforce the award, and each side will bear its own fees and costs.

Either side may seek injunctive or other equitable relief from a court to stop infringement or misappropriation of intellectual property. If a dispute is heard in court for any reason, both sides agree to bring it only in the courts of competent jurisdiction in Panama, and both sides consent to jurisdiction and venue there.

Both sides waive trial by jury. Both sides agree to bring claims only as individuals, not as a class or representative action, to the extent the law allows.

General terms

• If a provision cannot be enforced as written but can be modified to be enforced, it should be modified as little as possible. Otherwise it is severed and the rest is enforced.
• You may not assign this agreement. We may assign it to an affiliate, to a successor to the business, or to a buyer of the assets related to the Services.
• Enforcing one right, or waiving one breach, does not waive any other breach.
• These terms and the Privacy Notice are the entire agreement about your use of the Services and replace prior agreements on that subject.

Contact

Questions and notices to us go to legal@embrlabs.fun. We may notify you at the email on your account, or by a notice on the Services.

Changes

We may update these terms by posting the new version and changing the date above. If you keep using the Services after the update is posted, you agree to the updated terms. If you do not agree, stop using the Services.