Terms of Use

Last updated: January 2026

1. Introduction

Welcome to Probity Fund (“Probity,” “we,” “us,” or “our”).

Probity Fund provides a technology platform that enables users to allocate capital to independent portfolio managers who execute strategies across prediction markets and related protocols.

By accessing or using the Probity Fund platform (the “Platform”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, you may not access or use the Platform.

2. What Probity Fund Is (and Is Not)

What We Are

Probity Fund is a software platform and allocation infrastructure that provides tools for users to:

•View information about independent managers and strategies
•Allocate capital to managers of their choosing
•Track performance, positions, and activity
•Enforce automated, rule-based risk controls

What We Are Not

Probity Fund is not:

•An investment adviser
•A broker-dealer
•A fiduciary
•A fund, hedge fund, or pooled investment vehicle
•A trading venue or exchange
•A provider of investment advice or recommendations

Probity Fund does not:

•Recommend any manager, trader, or strategy
•Provide personalized investment advice
•Exercise discretion over user capital
•Guarantee performance or outcomes

All allocation decisions are made solely by you.

Your use of the Platform does not create any fiduciary, advisory, or agency relationship between you and Probity Fund.

3. User Eligibility

By using the Platform, you represent that:

•You are at least 18 years old
•You have the legal capacity to enter into these Terms
•You are not prohibited from using the Platform under applicable laws
•You understand and accept the risks associated with prediction markets and automated trading strategies

Access to the Platform may be restricted or denied at our discretion.

4. Accounts and Access

You are responsible for:

•Maintaining the confidentiality of your account credentials
•All activity conducted through your account
•Ensuring the accuracy of information you provide

We may suspend or terminate access to the Platform at any time for violations of these Terms, security concerns, or legal requirements.

Probity Fund does not guarantee continuous, uninterrupted, or secure access to the Platform.

5. Capital Allocation and Risk

Allocation Responsibility

You alone determine:

•Which managers to allocate to
•How much capital to allocate
•When to allocate, reallocate, or withdraw

Probity Fund does not approve, validate, or endorse any allocation decisions.

Risk Disclosure

You acknowledge and agree that:

•Prediction markets are speculative and high-risk
•Loss of capital is possible, including total loss
•Past performance does not guarantee future results
•Automated strategies may behave unexpectedly under certain market conditions

You assume all risks associated with using the Platform.

Automated risk controls are rule-based safeguards and do not constitute investment judgment or advice.

6. Managers and Traders

Managers and traders displayed on the Platform are independent third parties.

Probity Fund:

•Does not control their decisions
•Does not guarantee their performance
•Is not responsible for their conduct

Information about managers and traders is provided for informational purposes only.

7. Fees

Probity Fund charges a platform allocation fee on capital allocated through the Platform, as disclosed on the Fees page.

Managers may charge their own performance fees, which are:

•Set by managers
•Disclosed prior to allocation
•Separate from Probity Fund's platform fee

Fees are subject to change with advance notice.

8. No Investment Advice

Nothing on the Platform constitutes:

•Investment advice
•Financial advice
•Legal advice
•Tax advice
•A recommendation to buy, sell, or allocate capital

You should consult qualified professionals before making financial decisions.

9. Intellectual Property

All content, software, design, trademarks, and materials on the Platform are owned by or licensed to Probity Fund. You may not copy, modify, distribute, or reverse-engineer any portion of the Platform without written permission.

10. Prohibited Use

You may not:

•Use the Platform for unlawful purposes
•Attempt to manipulate markets or data
•Circumvent platform safeguards
•Interfere with platform operation
•Misrepresent identity or intent

11. Limitation of Liability

To the maximum extent permitted by law, Probity Fund is not liable for:

•Investment losses
•Manager or trader actions
•Market volatility
•Smart contract failures
•Network outages
•Data inaccuracies
•Indirect, incidental, or consequential damages

Your use of the Platform is at your own risk.

12. Indemnification

You agree to indemnify and hold harmless Probity Fund from any claims, losses, or damages arising from your use of the Platform or violation of these Terms.

13. Modifications

We may update these Terms from time to time. Continued use of the Platform constitutes acceptance of updated Terms.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

15. Contact

For questions, contact: support@probityfund.com

16. Arbitration Agreement & Class Action Waiver

Please Read Carefully

This section affects your legal rights, including your right to bring a lawsuit in court or participate in a class action.

Binding Arbitration

Except for claims that may be brought in small claims court, any dispute, claim, or controversy arising out of or relating to your use of the Platform shall be resolved by binding arbitration, rather than in court.

Arbitration will be conducted:

•On an individual basis
•By a neutral arbitrator
•In accordance with the rules of a recognized arbitration provider (such as the American Arbitration Association), unless otherwise agreed by the parties

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

No Class Actions

You agree that:

•All claims must be brought in your individual capacity
•You may not participate in any class action, collective action, or representative proceeding
•The arbitrator may not consolidate claims or preside over any form of class or representative action

If this class action waiver is found unenforceable, then the arbitration agreement shall be null and void only as to that claim.

Exceptions

Nothing in this section prevents either party from seeking:

•Injunctive or equitable relief in a court of competent jurisdiction
•Relief in small claims court, if the claim qualifies

Opt-Out Right

You may opt out of this arbitration agreement by providing written notice to Probity Fund within 30 days of first accepting these Terms. Opt-out instructions will be provided upon request.

17. Prediction Market Risk Disclosure

This section supplements the general risk disclosures contained in these Terms and applies specifically to prediction markets and probabilistic markets accessed through the Platform.

Nature of Prediction Markets

Prediction markets involve trading positions on the outcome of future events. These events may relate to:

•Politics, economics, or public policy
•Financial or macroeconomic indicators
•Social, technological, or real-world outcomes
•Other uncertain future events

Outcomes are binary or probabilistic in nature and may resolve to zero value.

High Risk of Loss

You acknowledge and agree that:

•Prediction markets are highly speculative
•You may lose some or all of the capital you allocate
•Market prices may be volatile, illiquid, or distorted
•Events may resolve in unexpected or disputed ways

Past performance of any manager or trader does not guarantee future results.

Event Resolution Risk

Prediction market outcomes depend on:

•External data sources
•Market-specific resolution criteria
•Oracle systems or third-party determinations

Resolution decisions may be delayed, disputed, or unexpected. Probity Fund does not control event resolution and is not responsible for how or when outcomes are determined.

Liquidity Risk

Certain markets may:

•Have limited liquidity
•Experience wide bid-ask spreads
•Be difficult or impossible to exit before resolution

You may be unable to close a position at your desired price or timeframe.

Counterparty & Protocol Risk

Prediction markets may rely on:

•Smart contracts
•Blockchain networks
•Third-party protocols
•External platforms or liquidity sources

Failures, exploits, bugs, or governance actions affecting these systems may result in loss of funds or inability to transact.

Regulatory Uncertainty

Prediction markets exist in a rapidly evolving regulatory environment. Laws, regulations, or enforcement actions may change at any time and could:

•Restrict access to certain markets
•Impact platform availability
•Affect market outcomes or liquidity
•Require changes to how the Platform operates

Probity Fund does not guarantee continued access to any specific market or protocol.

No Guarantees or Protections

Prediction markets are not:

•Bank deposits
•Insured by any government agency
•Protected by SIPC or similar investor protections

You assume all risks associated with allocating capital to prediction markets.

Your Responsibility

By using the Platform, you acknowledge that:

•You understand the risks of prediction markets
•You are solely responsible for your allocation decisions
•You have determined that participation is appropriate for you
•You can afford to lose the capital you allocate

Acknowledgment

By continuing to use the Platform, you acknowledge that you have read, understood, and agreed to:

✓These Terms of Use
✓The Arbitration Agreement & Class Action Waiver
✓The Prediction Market Risk Disclosure