Terms of
Service.

Introduction

These Terms of Use, together with our Privacy Policy, which are incorporated herein by this reference, and any documents and additional terms they expressly incorporate by reference, including any other terms and conditions or agreements that Pear Markets, Inc. ("Company," "Pear," "we," or "us") posts publicly or makes available (collectively, these "Terms of Use"), constitute the agreement between Company and you concerning your use of, and access to, Pear, a market research, analytics, and portfolio tracking platform with self-custodial wallet functionality, available on our mobile application and/or website located at https://pear.trade (collectively, the "Services"), excluding any third-party materials, technology, smart contracts, or applications.

If you are engaging with the Services on behalf of another party, "you" (and its variants, including "your," "yours," etc.) as used herein refers to that person or entity on whose behalf the Services are used (e.g., an employer). If you use the Services in an individual capacity, then "you" (and its variants) refers to that individual. If others are using the Services on your behalf, you accept responsibility for the actions and inactions of all such persons as if they were your own.

The Services facilitate access to and interaction with third-party materials, including prediction market protocols, decentralized exchanges ("DEXs"), blockchain networks, and other technologies, including third-party smart contracts. We do not control these third-party services and expressly disclaim any liability and responsibility arising from your use of these services. We provide no guarantees regarding third-party services or their quality, accuracy, uptime, availability, or the results of using them, even if accessed via our Services. By using third-party technologies or materials, you agree to be bound by their terms and conditions, which you are solely responsible for finding and reviewing. We do not provide those terms on our Services, and your failure to comply with them may result in loss of access to those services or legal liability.

Please read these Terms of Use carefully, as they govern your use of the Services. These Terms cover your rights and obligations, as well as our disclaimers and limitations of legal liability related to your use of and access to the Services. By using the Services, you acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must not access or use the Services.

Throughout your use of the Services, you represent and warrant that: (i) you are over the age of eighteen (18) or otherwise of legal age to form a binding contract and have the legal and mental capacity to enter into these Terms of Use; (ii) your funds are not derived from or in any way connected to illegal, unauthorized, or restricted sources (including any Restricted Jurisdictions or Restricted Persons); (iii) you have the right to engage in all transactions and activities you participate in on or through the Services; and (iv) you are not a Sanctioned Person or connected to one in any way, and you are not located in a Sanctioned Jurisdiction.

Changes to these Terms of Use

We may revise and update these Terms of Use at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions in the Governing Law and Jurisdiction section below will not apply to disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

Changes to the Services

We may update the content on our Services from time to time. Any material on the Services may be out of date at any given time, and we are not obligated to update such material.

Accessing the Services & account security

We reserve the right to withdraw or modify our Services, and any service or material we provide on or in connection with the Services, at our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to parts of the Services, or the entire Services, at our discretion.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

We are not responsible for securing your seed phrase, private keys, or wallet credentials if you lose them, if someone steals them from you, or if someone gains access to them (whether in transit to you, from your systems or networks, or because you misplaced or disclosed them). If you lose access to your keys or seed phrase, we are not liable for any losses you incur. It is your responsibility to establish a recovery mechanism for your seed phrase and keys.

Use of the Services

The Services provide a market research, analytics, and portfolio tracking platform that allows you to view market data, track positions, follow other users, and access third-party prediction market platforms. When you create an account, you may set up a self-custodial digital wallet (the "Wallet") through our platform. Your Wallet is entirely self-custodial, meaning you alone control your private keys and funds — Pear never has access to or custody of your assets.

You must review and accept these Terms of Use when your Wallet is created, and periodically thereafter when prompted.

When you use the Services, you interact with technology (e.g., prediction market protocols, blockchain networks, DEXs, smart contracts, third-party software, and services) offered by third parties, not controlled by us. You hereby release and hold harmless the Company Parties from any losses or liabilities you incur as a result of using such third-party materials.

You acknowledge that:

• No prediction market trades, swaps, or exchanges occur on Company infrastructure.
• When you initiate, instruct, or engage in transactions using our Services, all such transactions occur on third-party infrastructure using third-party technologies.
• The Services are a research and analytics tool that may provide access to such third-party infrastructure and technologies.
• The Services are not a prediction market platform, DEX, exchange, or broker, and do not process any of your transactions.
• Pear does not create, operate, or manage any markets.
• Pear does not hold, manage, or have custody of your funds.
• Pear has no ability to control or influence market outcomes.

We have no control over or responsibility for third-party protocols, networks, or technology, including prediction market platforms such as Polymarket, Kalshi, or any other third-party services. Changes or disruptions to third-party materials may affect your access to and use of our Services. You acknowledge and accept this risk.

Fees

We may charge fees for the services we offer, including transaction fees on trades executed through the Services. Such fees may apply to prediction market trades, token swaps, or other transactions executed on third-party platforms accessed via the Services. We may post information about our fees on our website or within the application, but we do not guarantee to provide fee information prior to engaging in transactions. You may also incur fees payable to third parties, which we will not disclose or be responsible for.

Our fees are subject to change at any time without notice, even after providing an estimate. Third-party fees may also change.

Under no circumstances shall Company incur any liability related to fees charged by third parties or in connection with such third-party technology or materials. You hereby release us and hold harmless the Company Parties from any and all liability associated with fees related to the Services or your use of third-party technologies connected to or available through the use of the Services.

Social features and user content

The Services include social features that allow you to follow other users, view trading activity, share content, and interact with the Pear community. When you use these social features, you may share information about your trading activity, positions, and predictions with other users.

By using the social features of the Services, you acknowledge and agree that:

• Your trading activity, positions, and other information you choose to share may be visible to other users.
• We may display aggregate statistics about user activity and market participation.
• You are solely responsible for any content you post or share through the Services.
• We reserve the right to remove any user content that violates these Terms or that we deem inappropriate.

You retain ownership of any content you create and share through the Services, but you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content in connection with operating and promoting the Services.

Referral program

Subject to these Terms of Use and any other terms we may provide in connection with certain features, we may offer certain referral programs, details of which can be found at https://pear.trade (the "Referral Program"). Note that the information in our Referral Program may change at any time at our sole discretion, without notice. All payouts in connection with the Referral Program, if any, will be calculated and paid at our sole discretion.

We reserve the right to modify or cancel our Referral Program at any time, with or without notice.

In case of a dispute about payouts or funds due in connection with the Referral Program, we will review and render a decision at our sole discretion. You agree to be bound by such a decision and hold harmless the Company Parties from any and all liability associated with rewards.

Intellectual property rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pear Markets, Inc., its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Company's name, "Pear," logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Pear Markets, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Feedback

You may from time to time provide us with feedback about your experience on the Services, recommendations for modifications, or other ideas pertaining to the Services (collectively, "Feedback") by emailing us at team@pear.trade. You acknowledge and agree that we may use the Feedback in our business without restriction. All such Feedback will be considered non-confidential and non-proprietary. By providing any Feedback, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.
• All of your Feedback does and will comply with these Terms of Use.

Prohibited uses

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to, and you shall not permit others to:

• Exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information.
• Access, tamper with, or use non-public areas of the Services, Pear systems, or our technical delivery systems.
• Attempt to probe, scan, or test the vulnerability of any Pear system or network or breach any security or authentication measures.
• Bypass, remove, deactivate, impair, or otherwise circumvent any security measures implemented by Pear or any of our providers to protect the Services.
• Attempt to access or search the Services or download content from the Services using any unauthorized or automated means, such as bots, crawlers, or data mining tools.
• Use manual processes to monitor or copy the Services' content without our express written permission.
• Send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or other forms of solicitation using the Services.
• Use meta tags or other hidden text or metadata utilizing a Pear trademark, logo, URL, or product name without our express written consent.
• Use the Services for any unauthorized commercial purpose or the benefit of a third party, unless permitted by these Terms.
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive, or false source-identifying information.
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software or underlying technology used to provide the Services.
• Use, transmit, introduce, or install any harmful code, including viruses, worms, or other malicious software ("Malicious Code"), on or through the Services.
• Distribute Malicious Code or engage in activities that interfere with the proper working of the Services, including by engaging in denial-of-service attacks.
• Collect or store personally identifiable information from other users of the Services without their express permission.
• Impersonate or attempt to impersonate Pear, a Pear employee, another user, or any other person or entity.
• Reverse look-up, track, or seek to track any information on any other user of or visitor to the Services.
• Take any actions that impose an unreasonable or disproportionately large load on the Services or our infrastructure.
• Use the Services for activities related to money laundering, terrorist financing, or any other illicit financial activity.
• Engage in market manipulation practices such as pump and dump schemes, wash trading, self-trading, front-running, quote stuffing, spoofing, or layering, or any other manipulative trading practices.
• Use the Services to participate in fraudulent prediction market activities or to manipulate market outcomes.
• Fabricate any transaction or engage in any deceptive practices related to transactions or predictions.
• Disguise or interfere in any way with the IP address of the computer used to access the Services.
• Engage in conduct that restricts or inhibits any other user's ability to use or enjoy the Services, or that may harm Pear or expose us to liability.
• Use the Services in or from any Restricted Jurisdiction or on behalf of a Restricted Person.
• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation, including laws regarding data export, prediction markets, gambling, and cryptocurrency transactions.
• Encourage or enable any other individual to do any of the foregoing.

Pear is not obligated to monitor access to or use of the Services or to review or edit any content, but we reserve the right to do so. We may remove or disable access to any content that we find objectionable or in violation of these Terms, and we may cooperate with law enforcement authorities to prosecute users who violate the law.

Reliance on information and third-party materials

The information provided on or through the Services is for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information, even if we created it. You rely on such information strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or anyone else.

The Services may include or provide access to third-party content, networks, prediction market platforms, decentralized exchanges (DEXs), SDKs, or other infrastructure. We do not control or endorse these third-party materials and are not responsible for their quality, security, accuracy, reliability, or availability. You agree that your use of such third-party services is at your own risk and that Pear is not liable for any losses or damages arising from your use of or reliance on third-party information, content, or materials.

No financial or investment advice

Pear is not registered with or licensed by any regulatory authority as a financial advisor, investment manager, or commodity trading advisor. We do not act as your financial advisor, investment manager, or broker. We do not provide investment advice, trading advice, or predictions about market outcomes. All decisions to engage in prediction market trading or to purchase or sell digital assets through the Services are solely yours. You must understand the risks involved in prediction market trading, cryptocurrency trading, and the potential for loss. It is your responsibility to ensure you are knowledgeable about the markets you are trading in and the risks involved.

We may suspend or terminate your use of the Services at any time if we suspect any fraudulent or illegal activity, or if required by applicable laws. We may change the functionality of the Services without notice, which could affect the availability of certain markets, networks, or assets.

Governing law and arbitration

These Terms shall be governed by and construed under the laws of New York without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations as described herein.

Dispute resolution (by binding arbitration)

• Initial dispute resolution. In the event of any disagreement or dispute arising out of or relating to these Terms, both parties agree to first attempt to resolve the dispute amicably through good-faith negotiations. You may notify us of a dispute by emailing us at team@pear.trade. We will respond to you via email using the contact information you have provided.
• Arbitration agreement. If the dispute is not resolved within sixty (60) days after notice of the dispute has been provided, either party may elect to submit the dispute to binding arbitration held in New York, including remotely by way of video conference administered by National Arbitration and Mediation and conducted in English, rather than in court.
• Terms of arbitration. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of this Agreement is void or voidable. The decision of the arbitrator will be final and binding upon both parties, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. All proceedings, including but not limited to negotiations, discussions, and arbitration awards, shall be kept strictly confidential except as required by law.
• Exclusions. This Arbitration Agreement does not preclude either party from seeking injunctive or equitable relief in a court of competent jurisdiction, including for the alleged unlawful use of intellectual property.

Class action waiver & waiver of jury trial

Limitation on time to file claims

Termination

We reserve the right to terminate or suspend your access to all or part of the Services at our discretion, without prior notice, and for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease. You agree that Pear Markets, Inc. and the Company Parties shall not be liable to you or any third party for any termination of your access to the Services.

Waiver and severability

No waiver by Pear Markets, Inc. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Pear Markets, Inc. with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

Disclaimer of warranties / limitation of liability

• Personal injury
• Pain and suffering
• Emotional distress
• Loss of revenue
• Loss of profits
• Loss of business or anticipated savings
• Loss of use
• Loss of goodwill
• Loss of data

Even if foreseeable.

Taxes

You are solely responsible for determining what, if any, taxes apply to your prediction market trades, digital asset transactions, or any other activities conducted through the Services. We do not collect, report, or remit any taxes for you. You agree to be responsible for all taxes and reporting obligations arising from your use of the Services.

Information about you and your visits to the Services

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions we take concerning your information in compliance with our Privacy Policy.

Linking to the Services and social media features

You may link to our website homepage and other Services features in a manner that is fair, legal, and does not damage our reputation. However, you must not establish a link that suggests any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice.

Links from the Services

Our Services may contain links to third-party sites and resources. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Your comments and concerns

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:

By using Pear, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.