Restricted Persons

Last updated: [EFFECTIVE_DATE]

This Restricted Persons policy (the “Policy”) describes the categories of persons to whom [ENTITY] (“SportsPerp,” “we,” “us,” or “our”) does not make the SportsPerp hosted web interface at https://app.sportsperp.xyz and related services (collectively, the “Frontend”) available, and the representations you make to us every time you access or use the Frontend.

This Policy supplements, and is incorporated by reference into, our Terms of Use. Capitalized terms not defined in this Policy have the meanings given in the Terms of Use.

Important: these restrictions apply to the Frontend that we operate. The on-chain SportsPerp Program is permissionless and executes on the Solana blockchain. We do not, and cannot, prevent any person from interacting with the Program directly or through interfaces we do not operate. Persons who fall within this Policy must not use the Frontend; their use of the on-chain Program through any means may still be unlawful in their jurisdiction.

1. Restricted Persons

A “Restricted Person” is any natural or legal person who:

is a citizen, national, resident, ordinarily resident in, located in, or organized under the laws of any Restricted Jurisdiction listed in Section 2;
is a U.S. person as defined under U.S. securities laws (Rule 902(k) of Regulation S under the Securities Act of 1933), the U.S. Commodity Exchange Act and the regulations of the U.S. Commodity Futures Trading Commission, or the regulations of the U.S. Office of Foreign Assets Control (“OFAC”), including:
- any natural person resident in the United States;
- any partnership, corporation, limited-liability company, trust, estate, or other entity organized or incorporated under the laws of the United States or having its principal place of business in the United States;
- any branch or agency of a non-U.S. person located in the United States;
- any account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person;
is a Canadian person, meaning any individual resident in Canada or any entity organized under the laws of Canada or any Canadian province or territory, where access to the Frontend would constitute the offering of, or solicitation in respect of, derivatives or securities subject to the rules of the Canadian Securities Administrators or any provincial securities regulator without an applicable exemption;
is a United Kingdom retail client within the meaning of the FCA Handbook (PERG / COBS), where the Frontend is not directed at or available to retail clients under the United Kingdom’s financial-promotion and crypto-asset regimes;
is a Singapore retail customer as that concept is defined under the Securities and Futures Act 2001 and the Payment Services Act 2019 of Singapore, where access to the Frontend is not permitted to retail customers under the rules of the Monetary Authority of Singapore;
is the subject of, or owned 50 % or more (directly or indirectly, individually or in the aggregate) by one or more persons that are the subject of, economic or trade sanctions or other restrictive measures administered or imposed by:
- the United States (including OFAC’s Specially Designated Nationals and Blocked Persons List, the Sectoral Sanctions Identifications List, the Non-SDN Menu-Based Sanctions List, and the Foreign Sanctions Evaders List),
- the European Union (including the EU Consolidated List of sanctions),
- the United Kingdom (including the OFSI Consolidated List),
- Singapore (including any list issued by the Monetary Authority of Singapore), or
- the United Nations Security Council;
is identified on any politically-exposed-persons, terrorism-financing, or other denied-party list issued by any of the authorities referenced in paragraph 6, or who is acting, directly or indirectly, on behalf of any such person;
is otherwise prohibited by applicable law, regulation, court order, or contractual restriction from accessing or using the Frontend or any service provided through it; or
accesses or uses the Frontend with intent to evade any of the foregoing, including by use of a virtual private network, proxy server, anonymization tool, falsified identification, or any other means designed to misrepresent location, identity, or affiliation.

The categories above apply on a continuous basis: if you cease to be eligible at any time after first accessing the Frontend, you must immediately stop using it and notify us.

2. Restricted Jurisdictions

Each of the following is a “Restricted Jurisdiction” for purposes of this Policy:

2.1 Comprehensively sanctioned jurisdictions

Cuba
Iran
North Korea (Democratic People’s Republic of Korea)
Syria
The Crimea region of Ukraine
The so-called Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine
Any other region or territory subject to comprehensive U.S., EU, UK, or UN sanctions from time to time

United States of America (including all U.S. states, the District of Columbia, and U.S. territories — namely American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands)
Canada (all provinces and territories)
United Kingdom (in respect of retail clients)
Singapore (in respect of retail customers)
People’s Republic of China (mainland)
Hong Kong Special Administrative Region (to the extent applicable to retail virtual-asset derivatives)
Russian Federation and Belarus
Bangladesh
Nepal
Bolivia
Algeria
Morocco
Egypt
Iraq
Qatar
Tunisia
Any other jurisdiction in which (i) leveraged crypto-asset derivatives are prohibited or restricted to a degree incompatible with retail availability of the Frontend, or (ii) we are required by law, regulation, or order to restrict access.

2.3 Updates

We may add or remove jurisdictions from this list at our sole discretion, including in response to changes in law, regulatory guidance, sanctions designations, or our internal compliance posture. The most current list is the one published on this page at the date of your access.

3. Your representations and warranties

By accessing or using the Frontend, you represent and warrant to us, on a continuous basis and on each occasion you access or use the Frontend, that:

(a) you are not a Restricted Person and you are not located in, ordinarily resident in, or accessing the Frontend from any Restricted Jurisdiction;

(b) you have not, and will not, use a virtual private network, proxy, anonymization tool, falsified identification, or any other means to disguise your location, residence, citizenship, or identity, or to circumvent any geolocation, access control, or other restriction applied by us;

(c) the wallet address you connect to the Frontend, and the digital assets used through it, are not (i) owned or controlled, directly or indirectly, by any Restricted Person, (ii) the subject of, or derived from, any conduct in violation of any sanctions regime referenced in Section 1, or (iii) the proceeds of any unlawful activity;

(d) you have not, and will not, instruct any other person to use the Frontend on your behalf if that other person is a Restricted Person, or where doing so would result in your evasion of any restriction in this Policy;

(e) your access to and use of the Frontend, and the activities you conduct through it, comply in all material respects with the laws applicable to you, including any tax, securities, derivatives, anti-money-laundering, sanctions, and gambling laws;

(f) you have the legal capacity to agree to the Terms of Use, the Privacy Policy, and this Policy, and to perform your obligations under them; and

(g) all information you have provided to us, including in any sign-up flow, support correspondence, or sanctions-related attestation, is accurate and not misleading.

These representations are material to our willingness to make the Frontend available to you. A breach of any of them is a breach of the Terms of Use.

4. Enforcement

We may, at our sole discretion and without notice, take any one or more of the following measures to enforce this Policy:

Geo-IP filtering. Block, throttle, or restrict access from IP addresses that we reasonably believe to originate from a Restricted Jurisdiction.
VPN and anonymizer detection. Block or restrict access from IP addresses or networks that we reasonably believe to be operated by, or routed through, a virtual private network, anonymizer, proxy, or hosting provider that is commonly used to disguise location.
Wallet-address screening. Block, restrict, or refuse to facilitate transactions for wallet addresses that are linked, directly or indirectly, to a Restricted Person, to a Restricted Jurisdiction, or to known illicit activity, including by using third-party blockchain-analytics tools.
Attestation prompts. Require you to confirm or re-confirm any of the representations in Section 3 as a condition of continued access.
Suspension or termination. Suspend, terminate, or restrict your access to all or any part of the Frontend.

We may also report a suspected violation to a competent regulator, law-enforcement authority, or other third party where we reasonably believe doing so is required by law or appropriate to protect us, our users, or any third party.

We are under no obligation to apply any particular enforcement measure, and our failure or delay in applying any measure shall not constitute a waiver of our right to do so at any time. The on-chain Program does not enforce this Policy; only the Frontend does. A person who is a Restricted Person remains a Restricted Person whether or not we have detected them.

5. Consequences of violation

Without limiting Section 12 (Indemnification) and Section 14 (Suspension and Termination) of the Terms of Use, if you access or use the Frontend in violation of this Policy:

Your access may be terminated immediately and without notice, and you may be permanently barred from the Frontend.
Any incentive, reward, or other benefit that you may have accrued through the Frontend may be revoked or forfeited.
You agree to defend, indemnify, and hold harmless the SportsPerp Parties from and against any and all claims, demands, actions, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to your violation of this Policy.
You may be subject to civil or criminal liability under the laws of your jurisdiction or under the laws administering the sanctions regimes referenced in Section 1. Nothing in this Policy and nothing in our enforcement (or non-enforcement) of it relieves you of that liability.

We are not liable to you for any losses, costs, taxes, or other consequences that you suffer as a result of any access restriction, suspension, termination, or rejection of a transaction applied under this Policy, even if it later turns out that you were not in fact a Restricted Person.

6. Updates

We may amend this Policy at any time. Material changes will be reflected on this page with an updated “Last updated” date and, where reasonably practicable, announced on the Official Links channels at least thirty (30) days before they take effect. The version published on this page on the date of your access is the version that applies to you.

7. Contact

For any question about this Policy, including to confirm whether you fall within it, contact us at legal@sportsperp.xyz.