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Terms & Conditions

Terms & Conditions These Terms of Service (“Terms”) govern your access to and use of the Neostake platform, website, applications, and related services (collectively, the “Platform”). Please read these Terms carefully before using the Platform. 1. Operator and Contact Neostake is a student-run project operated by Paul Gasselseder, Philipp Grömer, and Moritz Strachon. Full provider information is available in the Legal Notice / Impressum. Contact: info@neostake.de 2. Acceptance of the Terms By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform. If you use the Platform on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms. 3. Description of the Platform Neostake is a free-to-use prediction platform on which registered users can participate in prediction markets, make forecasts on questions and topics, appear on leaderboards, and potentially receive non-cash prizes. Neostake is not a gambling platform. Users do not place real-money bets, do not risk money in order to participate in markets, and do not acquire any claim to monetary winnings through participation. Neostake may offer: (a) regular prediction markets, (b) biweekly prize cycles, (c) semester-, season-, or period-based competitions, (d) university-specific leaderboards, (e) user-created or user-proposed markets, (f) other rankings, rewards, or competition formats displayed on the Platform. Neostake may modify, add, discontinue, suspend, or replace features, markets, competitions, prize structures, or leaderboard formats where reasonably necessary, including for technical, legal, organizational, fairness, security, abuse-prevention, or operational reasons. 4. Eligibility To use the Platform, you must: (a) be at least 18 years old; (b) have full legal capacity to enter into these Terms; (c) register with truthful, complete, and up-to-date information; (d) register with a valid university email address if such requirement is displayed on the Platform; (e) provide your real, full legal name if you wish to be eligible for prizes. You may not use the Platform if your use would violate applicable law. Neostake may request verification of identity, age, university affiliation, or eligibility at any time, in particular before awarding a prize. 5. Account Registration and Account Security You must create an account to access certain parts of the Platform. You are responsible for: (a) maintaining the confidentiality of your login credentials, (b) restricting access to your account and devices, (c) all activity occurring under your account, unless caused exclusively by Neostake. You must notify Neostake without undue delay if you suspect unauthorized access to your account or any security breach. Each natural person may maintain only one (1) account unless Neostake has expressly authorized otherwise in writing. Multiple accounts, coordinated accounts, shared accounts, or accounts created to gain an unfair advantage are prohibited. 6. Registration Information and Profile Data During registration and use of the Platform, you may be required or invited to provide data such as: (a) full name, (b) university email address, (c) username, (d) university, (e) field of study or degree program, (f) expected graduation year, (g) optional course-related information, (h) other profile details displayed in the registration flow. You must ensure that the information you provide is accurate and kept up to date. Providing false, misleading, incomplete, or deceptive information may result in: (a) loss of prize eligibility, (b) market restrictions, (c) temporary suspension, (d) permanent account termination. 6.1 Visibility of Profile Information and Activity By creating an account and using the Platform, you acknowledge and agree that certain profile information and activity may be visible to other users, including your username, profile picture, university affiliation, leaderboard position, participation in markets, and other information or activity expressly designated as visible on the Platform. 7. Rules of Participation By using the Platform, you agree to comply with all rules displayed on the Platform, including any market-specific rules, leaderboard rules, prize rules, FAQ rules, community rules, and content rules. To the extent a specific market or competition page contains additional rules, those additional rules supplement these Terms. In the event of a conflict between these Terms and a market-specific rule expressly displayed for a specific market or prize cycle, the market-specific rule prevails for that market or prize cycle. 8. Markets, Resolution, and External Data Sources 8.1 Designation of Authoritative Sources For each market, Neostake may designate one or more data sources, APIs, websites, feeds, public statements, publications, university systems, oracle systems, exchange or market operators, or similar third-party sources as the authoritative basis for: (a) market resolution, (b) score calculations, (c) leaderboard calculations, (d) prize determination, (e) related operational decisions. The source designated by Neostake for the relevant market or competition shall be authoritative and binding. 8.2 Reliance on External Sources Neostake does not control and does not guarantee the factual correctness, completeness, timeliness, consistency, or ongoing availability of third-party data sources. If an authoritative source used for market resolution or prize determination is incorrect, incomplete, delayed, inconsistent, unavailable, later corrected, or otherwise defective, Neostake may rely on the values, outputs, resolutions, or data as published or returned by that source at the relevant time. This applies in particular to: (a) third-party market operators or prediction platforms, including where a third-party market is resolved incorrectly or disputed, (b) public APIs, (c) university systems or university APIs, including where such systems provide incorrect or misleading data, (d) rankings, feeds, oracle providers, scoring providers, and similar systems. 8.3 Resolution Errors and Corrections If a market has been resolved on the basis of an authoritative source designated by Neostake, that resolution remains valid and binding unless Neostake decides, in its reasonable discretion, to: (a) correct the market, (b) re-resolve the market, (c) suspend the market, (d) void the market, (e) postpone score, leaderboard, or prize determination, (f) use a replacement source, (g) cancel the affected market or prize cycle. Neostake may take such action where reasonably necessary, including in cases of: (i) source failure, (ii) contradictory source data, (iii) technical malfunction, (iv) fraud or abuse, (v) integrity concerns, (vi) evident data corruption, (vii) legal or compliance concerns. 8.4 No Guarantee of Objective Correctness of Third-Party Outcomes Where a market or related score depends on an external source, oracle, university API, data feed, or third-party resolution, Neostake does not guarantee that the externally supplied outcome is objectively correct in a real-world sense. The authoritative source selected by Neostake governs the Platform outcome. 8.5 Technical Display Errors Temporary inconsistencies, caching delays, API mismatches, data synchronization errors, interface bugs, delayed leaderboard updates, or other technical display issues may occur. Only the values and results finally determined by Neostake’s systems on the basis of the applicable rules and authoritative sources are binding for the Platform. 9. Leaderboards and Scoring The Platform may display one or more leaderboards, including university leaderboards, global leaderboards, biweekly leaderboards, or event-specific leaderboards. Unless otherwise stated on the Platform: (a) main prizes may be determined by the applicable university leaderboard at the end of the relevant prize period; (b) biweekly prizes may be determined by the applicable biweekly leaderboard at the end of the relevant prize period; (c) all calculations are performed by Neostake’s systems; (d) the time zone applicable to deadlines, prize periods, and cut-off times is Munich time (CET or CEST, as applicable). Unless otherwise stated for a specific prize or competition on the Platform, only the values calculated by Neostake’s systems and displayed or recorded by Neostake at the end of the relevant prize period are authoritative and binding for prize determination. If Neostake uses metrics such as “Net Worth”, “Oracle Adjusted Net Worth”, “% change”, “oracle score”, “join date”, “security deposits”, “active positions”, or similar measures, the definitions displayed on the Platform for the relevant prize cycle apply. Where no more specific definition is displayed, the following default definitions apply: (a) “Net Worth” means the sum of standard stakes, active positions, inactive positions, and deposits. (b) “Oracle Adjusted Net Worth” means Net Worth excluding deposits, multiplied by the oracle score, plus security deposits. For biweekly prizes, unless otherwise stated on the Platform, ties are broken in the following order: (1) % change, (2) net worth (not oracle adjusted), (3) oracle score, (4) join date (time of account creation). 10. Prizes 10.1 General Neostake may offer prizes such as merchandise, devices, vouchers, tickets, experiences, or other rewards. Prize availability, number, value, description, timing, shipping scope, and eligibility conditions are determined by the rules displayed on the Platform. Prizes are non-transferable unless Neostake expressly states otherwise. No cash payment, substitution, or exchange is available unless Neostake expressly agrees otherwise or mandatory law requires otherwise. 10.2 Prize Eligibility To be eligible for a prize, you must: (a) satisfy the eligibility requirements under these Terms, (b) provide truthful registration information, (c) where required, have registered with your real, full legal name, (d) remain in compliance with these Terms through the end of the relevant prize cycle and the prize fulfillment process, (e) complete any verification reasonably requested by Neostake. Users who register with false, misleading, incomplete, or deceptive information may be disqualified from prizes. 10.3 Prize Fulfillment Neostake may require proof of identity, age, university affiliation, or shipping information before sending or handing over a prize. Unless expressly stated otherwise on the Platform: (a) shipping costs are not included, (b) customs, duties, taxes, or similar charges are not covered by Neostake, (c) prize shipment may be limited to certain jurisdictions, (d) in-person handover may be offered at Neostake’s discretion. Neostake is not responsible for failed delivery of prize notifications or prize fulfillment communications caused by outdated, incorrect, blocked, or inaccessible contact details provided by the user. 10.4 Prize Errors and Non-Availability Prize descriptions, images, values, and availability are indicative and may contain errors. If a prize becomes unavailable or cannot reasonably be provided, Neostake may: (a) substitute it with a prize of substantially similar type or value, (b) postpone fulfillment, (c) cancel the affected prize, (d) offer an alternative arrangement. 10.5 Taxes Users are solely responsible for any tax obligations, reporting obligations, or other legal consequences arising from receiving a prize. 10.6 Winner Notification, Acceptance Deadline, and Non-Response Neostake may notify eligible prize winners via email, through the Platform, or by other contact details provided by the user. A prize winner must, within fourteen (14) days after the first notification by Neostake, respond to the notification and provide any information reasonably required for prize verification or fulfillment, including, where applicable, proof of identity, age, university affiliation, delivery details, or confirmation of acceptance. If a prize winner does not respond within that period, provides incomplete information, cannot be reached using the contact details associated with the account, or fails to complete the verification or fulfillment process within a reasonable additional period set by Neostake, Neostake may declare the prize forfeited and may select a replacement winner or otherwise dispose of the prize in accordance with the applicable prize rules. Neostake may extend the response period or waive delays where reasonably appropriate, in particular in cases of technical issues, excusable delay, or circumstances outside the user’s control. 11. User Content, Uploaded Images, and User-Created Markets 11.1 Responsibility for User Content Users may be able to upload, submit, create, publish, or otherwise make available content on the Platform, including images, text, market titles, market descriptions, comments, profile content, and similar materials (“User Content”). The user who uploads or submits User Content is solely responsible for that User Content and for the consequences of publishing it. 11.2 Rights to Uploaded Content By uploading or submitting User Content, you represent and warrant that: (a) you own the relevant content or have all rights, licenses, permissions, and consents necessary to upload and use it on the Platform; (b) the upload, publication, and use of the content on the Platform does not infringe any copyright, trademark, privacy right, personality right, image right, or any other right of any third party; (c) where the content depicts or concerns another person, you have all permissions and legal bases necessary for the upload and publication; (d) the content is lawful and does not violate these Terms. 11.3 Prohibited User Content You must not upload, create, publish, or make available any content that: (a) is unlawful, misleading, fraudulent, or deceptive; (b) infringes intellectual property rights or other third-party rights; (c) violates privacy, publicity, personality, honor, or image rights; (d) contains non-consensual private images or other content that is harassing, abusive, threatening, defamatory, degrading, obscene, or intended to shame, expose, or humiliate another person; (e) contains hate speech, discriminatory abuse, or unlawful violent content; (f) contains malicious code, spam, or other harmful material. 11.4 User-Created Markets If the Platform allows users to create, submit, or propose markets, such markets are user-generated content unless expressly identified as official Neostake content. User-created markets may be displayed anonymously or without identifying the creator to other users. Such anonymity or pseudonymity does not reduce the responsibility of the user who created or submitted the market. Neostake does not generally verify or endorse user-created markets before publication and does not guarantee their legality, accuracy, appropriateness, or non-infringing nature. 11.5 References to Other Users in Markets You acknowledge that other users may create, submit, or propose markets that refer to you by display name, or other identifiers made available on the Platform, provided that such content complies with these Terms. Neostake reserves the right to remove or restrict markets that unlawfully infringe personal rights, are abusive, misleading, defamatory, or otherwise violate these Terms. 11.6 No Adoption of User Content User Content reflects solely the views and responsibility of the respective user. 11.7 License to Neostake By uploading or submitting User Content, you grant Neostake a non-exclusive, worldwide, royalty-free, revocable license, limited to the extent necessary to host, store, reproduce, display, format, process, distribute within the Platform, and otherwise make the User Content available for the operation, security, moderation, and improvement of the Platform. 11.8 Reporting Mechanism Users may report markets, images, or other User Content that they believe to be illegal, infringing, abusive, misleading, or in violation of these Terms through the reporting functionality provided on the Platform or by contacting Neostake at info@neostake.de. 11.9 Review and Enforcement Neostake may review reported or otherwise suspicious User Content and may, in its reasonable discretion, remove, restrict, block, suspend, de-rank, or otherwise act against such content or the responsible account, in particular where this appears reasonably necessary to: (a) comply with the law, (b) protect users or third parties, (c) prevent abuse, (d) protect the integrity and reputation of the Platform, (e) enforce these Terms. 11.10 Cooperation and Disclosure Neostake may preserve evidence and disclose relevant information to competent authorities, injured parties, or rights holders where legally required or where legally permissible and reasonably necessary to investigate unlawful conduct, rights violations, or abuse. 11.11 Repeat Violations Repeated violations involving unlawful, infringing, abusive, or manipulative User Content may result in content removal, loss of prize eligibility, temporary suspension, or permanent account termination. 11.12 Liability for User Content Subject to mandatory statutory liability, Neostake is not responsible for User Content uploaded, submitted, or created by users, including user-uploaded images or user-created markets. This does not affect any liability that cannot be excluded or limited under applicable law. 12. Prohibited Conduct You must not, directly or indirectly: (a) create or use multiple accounts; (b) manipulate or attempt to manipulate markets, scores, resolutions, or leaderboards; (c) collude with other users; (d) use bots, scripts, crawlers, automated tools, or unauthorized software to access or interact with the Platform; (e) exploit bugs, vulnerabilities, timing issues, or technical loopholes; (f) submit false or misleading information; (g) harass, threaten, defame, or abuse other users or Neostake personnel; (h) reverse-engineer, decompile, scrape, attack, disrupt, overload, or compromise the Platform; (i) interfere with security features or access controls; (j) use the Platform for unlawful, fraudulent, or deceptive purposes; (k) bypass bans, suspensions, or cooling-off periods. 13. Investigations and Enforcement Neostake may investigate suspected violations of these Terms. For that purpose, Neostake may, to the extent legally permitted and reasonably necessary: (a) review account activity, (b) review technical and anti-abuse signals, (c) temporarily restrict account functions, (d) suspend market participation, (e) freeze prize fulfillment, (f) request explanations or supporting documents. If Neostake reasonably concludes that a violation has occurred, Neostake may take proportionate measures including warning, score adjustment, market invalidation, content removal, disqualification from prizes, temporary suspension, or permanent termination. 14. Suspension, Restriction, and Termination Neostake may suspend, restrict, or terminate your access to the Platform with effect immediately if: (a) you materially breach these Terms, (b) you provide false or misleading information, (c) there are justified fraud, abuse, collusion, or integrity concerns, (d) continued access would create legal, security, or operational risks, (e) Neostake is required to do so by law or by a competent authority. Where appropriate and reasonable under the circumstances, Neostake may notify you before taking permanent action. In clear cases of fraud, abuse, security threat, severe misconduct, or manifestly illegal content, immediate action may be taken without prior notice. 15. Account Deletion and Cooling-Off Period You may request deletion of your account at any time through the Platform or by contacting Neostake. Upon account deletion: (a) your personal data will be deleted or retained only as described in the Privacy Policy and as required or permitted by law, (b) pending or unclaimed prizes may be forfeited, (c) a cooling-off period of 30 days may apply during which creation of a new account is prohibited. Neostake may retain or block limited identifiers for a limited period where reasonably necessary to enforce the cooling-off period, prevent abuse, maintain leaderboard integrity, or defend legal claims, as further described in the Privacy Policy. If you create or attempt to create a new account during the cooling-off period, Neostake may permanently ban the related accounts. 16. Platform Availability, Maintenance, and Changes The Platform is provided on an “as available” basis. Neostake does not guarantee uninterrupted availability, permanent functionality, compatibility with all devices, or error-free operation. Neostake may carry out maintenance, deploy updates, change technical requirements, modify interfaces, add or remove features, or discontinue parts of the Platform where reasonably necessary, especially for security, legal, technical, integrity, or operational reasons. 17. Platform or Competition Discontinuation Neostake may suspend, discontinue, or permanently shut down: (a) the entire Platform, (b) individual markets, (c) prize cycles, (d) competitions, (e) leaderboards, (f) specific features. This may occur in particular because of: (i) legal or regulatory reasons, (ii) security incidents, (iii) technical failures, (iv) lack of resources, (v) abuse, fraud, or manipulation, (vi) organizational restructuring, (vii) other substantial operational reasons. In such cases, Neostake may cancel, modify, postpone, or withhold pending prizes if prize determination or fulfillment is no longer reasonably possible. Neostake will make reasonable efforts to inform users of significant discontinuations or material changes, but advance notice cannot be guaranteed in all cases. 18. Intellectual Property All content, software, databases, designs, interfaces, logos, trademarks, graphics, text, and other materials on the Platform, excluding User Content, are owned by Neostake or its licensors and are protected by applicable intellectual property laws. Subject to these Terms, Neostake grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for its intended personal purpose. You may not, without prior written permission: (a) copy, (b) distribute, (c) modify, (d) create derivative works from, (e) commercially exploit, (f) frame or mirror, (g) scrape or extract substantial parts of the Platform. 19. Privacy The processing of personal data in connection with the Platform is governed by the Neostake Privacy Policy. 20. Consumer Information and Right of Withdrawal 20.1 Distance Contract Information If you are a consumer and mandatory consumer information requirements apply to your registration or use of the Platform, the relevant information is provided through these Terms, the Platform interface, and any additional consumer information displayed before account creation. 20.2 No Exclusion of Mandatory Consumer Rights Nothing in these Terms excludes or limits mandatory consumer rights under applicable law. 20.3 No Statutory Right of Withdrawal A statutory right of withdrawal does not exist to the extent permitted by applicable law. In particular, no statutory right of withdrawal exists where Neostake provides the Platform without requiring the payment of a price and processes personal data provided by the user exclusively for the purpose of providing the Platform or for complying with legal obligations. If and to the extent mandatory consumer law provides for a statutory right of withdrawal in an individual case, Neostake will provide the legally required withdrawal information separately. 21. Disclaimer of Warranties To the maximum extent permitted by law, the Platform is provided “as is” and “as available”. Neostake does not warrant that: (a) the Platform will be uninterrupted, error-free, secure, or continuously available, (b) any market, score, leaderboard, ranking, prediction, resolution, or prize determination will be free of technical or external-source errors, (c) any content or result will be objectively correct, complete, or up to date, (d) the Platform will meet your expectations or specific purposes. 22. Limitation of Liability 22.1 Mandatory Liability Unaffected Nothing in these Terms excludes or limits liability: (a) for intent or gross negligence, (b) for injury to life, body, or health, (c) under mandatory statutory product liability law, (d) to the extent liability cannot be excluded or limited under mandatory law. 22.2 Liability for Slight Negligence In cases of slight negligence, Neostake is liable only for the breach of essential contractual obligations (Kardinalpflichten), and in that case only for typical and foreseeable damage. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose observance the user may regularly rely. 22.3 External Data Sources and Third-Party Systems Subject to Section 22.1, Neostake is not liable for damages, losses, incorrect outcomes, lost chances of winning, prize consequences, or other disadvantages caused by: (a) incorrect, delayed, inconsistent, incomplete, or unavailable third-party data, (b) incorrect or disputed market resolutions supplied by third parties, (c) incorrect or misleading data supplied by university APIs or university systems, (d) outages or malfunctions of third-party services, (e) reliance on authoritative external sources designated under Section 8. 22.4 User Content Subject to Section 22.1, Neostake is not liable for unlawful, infringing, defamatory, humiliating, privacy-violating, or otherwise harmful User Content provided by users, including uploaded images and user-created markets, unless Neostake is legally responsible under applicable law. 22.5 Free Nature of the Platform The Platform is provided free of charge. Subject to Section 22.1 and 22.2, Neostake’s liability is limited to the extent permitted by law. 23. Indemnity You agree to indemnify and hold harmless Neostake, its operators, and its agents from third-party claims arising out of or related to: (a) your unlawful use of the Platform, (b) your violation of these Terms, (c) your infringement of rights of third parties, (d) your User Content, (e) your misuse of prizes or platform features, unless you are not responsible for the relevant breach. 24. Changes to These Terms Neostake may amend these Terms where there is a valid reason, including: (a) legal or regulatory changes, (b) security or abuse-prevention needs, (c) technical or operational changes, (d) changes to Platform functionality, (e) correction of ambiguities, errors, or gaps. Neostake will inform users of material changes in an appropriate manner, for example via the Platform or by email. If a change materially affects the contractual balance to your detriment, you will be informed in advance where required by law. Continued use of the Platform after the effective date of the updated Terms may constitute acceptance to the extent permitted by law. 25. Governing Law These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another state, mandatory consumer protection provisions of that state remain unaffected to the extent applicable. 26. Dispute Resolution Neostake is not obliged and does not undertake to participate in dispute resolution proceedings before a consumer arbitration board unless mandatory law provides otherwise. 27. Severability If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected to the extent permitted by law. 28. Language These Terms may be made available in more than one language. In the event of inconsistencies, the English version prevails unless mandatory law requires otherwise. 29. Contact Questions regarding these Terms may be sent to: Neostake Paul Gasselseder, Philipp Grömer, and Moritz Strachon c/o MDC#neostake Welserstraße 3 87463 Dietmannsried Email: info@neostake.de