Last Updated: March 3, 2026 Effective Date: March 3, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Banto LLC d/b/a Kessel ("Kessel," "we," "us," or "our"), governing your access to and use of the Kessel platform, APIs, websocket connections, execution engine, data services, documentation, dashboards, and all related software and services (collectively, the "Services").
READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICES.
"API" means Kessel's application programming interface(s), including REST endpoints, websocket connections, and any other programmatic interfaces made available by Kessel.
"API Keys" means the unique authentication credentials issued by Kessel to User to access the Services.
"Authorized User" means any individual whom User permits to access or use the Services under User's account.
"Connected Venue Account" means a User's trading account(s) at one or more Prediction Market Venues that User links to the Services using the User's own credentials and API keys.
"Documentation" means any technical documentation, integration guides, API references, or related materials made available by Kessel at docs.kesselgateway.com or any successor URL.
"Execution Engine" means Kessel's server-side order routing, management, and execution infrastructure, including take-profit logic, stop-loss logic, cross-venue routing, and fill benchmarking capabilities.
"Ingest Services" means Kessel's persistent websocket connections, event processing pipelines, and replayable data streams that normalize and store market data from Prediction Market Venues.
"Market Data" means price feeds, orderbook depth, trade history, resolution data, fee models, and any other market information derived or normalized from Prediction Market Venues.
"Normalized Schema" means Kessel's canonical data model that maps venue-specific market structures into a unified format across supported Prediction Market Venues.
"Order" means any instruction submitted through the Services to buy, sell, or otherwise transact in a contract on a Prediction Market Venue.
"Prediction Market Venue" means any supported third-party prediction market exchange or platform, including without limitation Polymarket and Kalshi, through which Users may place trades.
"Routed Volume" means the aggregate notional value of all Orders executed through the Execution Engine in connection with User's account.
"Services" has the meaning set forth in the preamble above.
"User Content" means any data, routing policies, strategies, configurations, scripts, or other materials submitted by User to or through the Services.
To access and use the Services, you must:
YOU REPRESENT AND WARRANT THAT YOU MEET ALL ELIGIBILITY REQUIREMENTS AT THE TIME OF REGISTRATION AND AT ALL TIMES DURING YOUR USE OF THE SERVICES.
You must create an account to access the Services. You agree to:
You may grant access to Authorized Users under your account subject to these Terms. You are fully liable for all acts and omissions of your Authorized Users. You may not transfer, sell, or assign your account to any third party without Kessel's prior written consent.
Kessel maintains persistent websocket connections to supported Prediction Market Venues and processes venue-specific event streams into a Normalized Schema. User may access this data via the API for market discovery, research, backtesting, and strategy development.
Kessel's server-side Execution Engine routes Orders through User's Connected Venue Accounts according to routing policies defined by User. The Execution Engine supports:
The cross-venue routing feature enables Users to submit multi-leg Orders across Polymarket and Kalshi from a single API call. Kessel will use commercially reasonable efforts to execute both legs atomically or near-simultaneously, but Kessel does not guarantee simultaneous fills, atomic execution, or the absence of leg risk. Cross-venue execution is subject to venue availability, liquidity, and technical conditions outside Kessel's control.
Kessel provides a thin terminal interface to allow Users to inspect routes, fills, and execution logs. The terminal is a demonstration surface for the underlying API and Execution Engine. It is not intended to replace User's front-end infrastructure.
During the early access period, features, pricing, SLAs, and availability may be modified at any time. Early access participants acknowledge they are using pre-production infrastructure and agree to provide feedback to Kessel upon reasonable request.
To use the Execution Engine, you must connect one or more of your own Prediction Market Venue accounts to the Services using your own venue API keys and credentials. Kessel does not operate its own trading accounts, hold positions, or act as an agent on your behalf in any principal capacity.
Your use of the Services must comply with all applicable terms of service, rules, and regulations of each Prediction Market Venue you connect. You are solely responsible for:
You are solely responsible for the security of your Connected Venue Account credentials. You agree to:
You are solely responsible for the accuracy, completeness, and legality of all routing policies, strategies, and configurations you submit to the Execution Engine. Kessel will execute Orders in accordance with your instructions. Kessel is not responsible for losses arising from incorrect, incomplete, or unintended routing policies.
TRADING IN PREDICTION MARKETS INVOLVES SUBSTANTIAL RISK OF LOSS. PREDICTION MARKET CONTRACTS ARE LEVERAGED INSTRUMENTS WHOSE VALUE MAY FLUCTUATE SIGNIFICANTLY. YOU MAY LOSE THE ENTIRE AMOUNT YOU INVEST. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.
Kessel's Execution Engine introduces technical execution risks, including but not limited to:
Kessel does not provide investment advice, financial advice, trading advice, or any other form of advice. Nothing in the Services or Documentation constitutes a recommendation to buy, sell, or hold any position. You are solely responsible for all trading decisions.
Prediction markets are subject to evolving regulatory frameworks in the United States and internationally. Changes in law, regulation, or government enforcement posture may affect your ability to trade on one or more Prediction Market Venues. Kessel makes no representation that the Services are lawful in your jurisdiction.
BY USING THE EXECUTION ENGINE OR ANY FEATURE OF THE SERVICES THAT ROUTES ORDERS TO A PREDICTION MARKET VENUE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE RISK DISCLOSURES IN THIS SECTION AND ACCEPT ALL TRADING RISKS DESCRIBED HEREIN.
Kessel does not and will not:
All settlement, custody, and clearance of trades occurs directly between User and the applicable Prediction Market Venue. Kessel has no responsibility or liability for any failure by a Prediction Market Venue to settle, clear, or resolve any trade or contract.
During the early access period, pricing for API access and data services will be communicated to User directly and may be updated with reasonable notice. Kessel reserves the right to introduce or modify fees upon reasonable written notice to User.
For Partner and institutional accounts, Kessel may charge a fee calculated as a percentage of Routed Volume ("Execution Fee"). The applicable Execution Fee rate will be set forth in a separate Partner Agreement or Order Form. Execution Fees are earned upon fill confirmation and are non-refundable.
Where fees apply, User agrees to:
User must notify Kessel in writing within 30 days of any disputed charge. Undisputed amounts remain due and payable. Failure to dispute within 30 days constitutes acceptance of the charge.
All software, algorithms, APIs, schemas, documentation, trademarks, trade names, logos, and other proprietary materials comprising or related to the Services are owned by or licensed to Kessel and are protected by applicable intellectual property laws. Nothing in these Terms grants User any right, title, or interest in Kessel's intellectual property except the limited license expressly set forth herein.
Subject to User's compliance with these Terms and timely payment of all applicable fees, Kessel grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to:
User may not:
User retains ownership of User Content. By submitting User Content to the Services, User grants Kessel a limited, non-exclusive license to use User Content solely to operate and improve the Services. Kessel will not share identifiable User Content with third parties except as described in the Privacy Policy or required by law.
If User provides Kessel with any feedback, suggestions, or ideas about the Services ("Feedback"), Kessel may use such Feedback without restriction or obligation to User. Feedback is provided on an as-is basis with no representation of accuracy or completeness.
Kessel's Normalized Schema and processed Market Data are proprietary. Raw underlying data is sourced from public blockchain data (in the case of Polymarket) and licensed venue feeds (in the case of Kalshi and others). Kessel makes no warranty as to the completeness, accuracy, or timeliness of Market Data.
Kessel's collection and use of personal data is governed by Kessel's Privacy Policy, incorporated herein by reference. By using the Services, you consent to the data practices described in the Privacy Policy.
Kessel may use aggregated, anonymized data derived from usage of the Services for product improvement, benchmarking, and analytics purposes. Such data will not identify any individual User.
Kessel implements industry-standard technical and organizational measures to protect data processed through the Services. However, Kessel cannot guarantee absolute security and is not liable for unauthorized access resulting from User's failure to secure credentials or from events beyond Kessel's reasonable control.
"Confidential Information" means any non-public technical, business, or financial information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") in connection with the Services that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Kessel's Confidential Information includes without limitation its API architecture, routing algorithms, pricing models, roadmap, and non-public product features.
The Receiving Party agrees to:
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was already known to Receiving Party without restriction; (c) is independently developed by Receiving Party without use of Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided Receiving Party gives prompt notice and cooperates with Disclosing Party's efforts to seek a protective order.
User represents, warrants, and covenants that:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KESSEL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KESSEL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY:
REGARDLESS OF WHETHER KESSEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.
KESSEL'S TOTAL AGGREGATE LIABILITY TO USER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 12 REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. KESSEL WOULD NOT PROVIDE THE SERVICES ON THE TERMS SET FORTH HEREIN WITHOUT THESE LIMITATIONS.
Nothing in this Section 12 limits liability for: (a) fraud or willful misconduct; (b) death or personal injury caused by negligence; or (c) any other liability that cannot be excluded or limited by applicable law.
User agrees to indemnify, defend, and hold harmless Kessel and its officers, directors, employees, contractors, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Kessel will promptly notify User of any claim for which indemnification is sought. User will have the right to control the defense and settlement of such claim, subject to Kessel's right to participate with counsel of its choosing at User's expense. User may not settle any claim in a manner that imposes any obligation or liability on Kessel without Kessel's prior written consent.
These Terms commence on the date User first accesses the Services and continue until terminated as set forth herein.
User may terminate these Terms at any time by ceasing use of the Services and deactivating User's account.
Kessel may suspend or terminate User's access to the Services, in whole or in part, with or without notice, if:
Upon termination or expiration of these Terms:
Sections 1, 5, 6, 7 (with respect to amounts accrued), 8, 9, 10, 11.2, 12, 13, 14.4, 15, 16, and 17 survive termination.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute informally by notifying the other party in writing of the nature of the dispute. The parties will negotiate in good faith for a period of 30 days following such notice.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, as modified herein. The arbitration shall be conducted by a single arbitrator with experience in commercial and financial technology matters. The seat of arbitration shall be Wilmington, Delaware. The language of arbitration shall be English. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
YOU AGREE THAT ALL CLAIMS WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.
Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute. Nothing herein prevents Kessel from seeking injunctive relief to prevent infringement of its intellectual property.
User is solely responsible for determining and complying with all applicable laws and regulations in connection with its use of the Services, including without limitation:
User may not use the Services from any jurisdiction where such use would violate applicable law. Kessel reserves the right to restrict access to the Services for residents of specific jurisdictions, including the United States, at any time and without notice, based on applicable law, regulatory guidance, or changes in the regulatory status of prediction markets.
U.S. Regulatory Status. Prediction markets operate in a complex and evolving regulatory environment in the United States. The applicability of U.S. Commodity Exchange Act, Securities Exchange Act, and state gambling or money transmission laws to prediction markets is subject to ongoing regulatory interpretation and enforcement actions. Kessel's access policies for U.S. residents may change at any time based on regulatory developments, venue restrictions, or legal guidance. User acknowledges that Kessel may suspend or terminate access for U.S. residents without prior notice if Kessel determines, in its sole discretion, that continued access would violate applicable law or create regulatory risk.
User agrees not to use the Services to engage in any form of market manipulation, including without limitation wash trading, spoofing, layering, front-running, or any other manipulative or deceptive trading practice prohibited by applicable law or exchange rules.
These Terms, together with any Partner Agreement, Order Form, or other written agreement between the parties expressly incorporated herein, constitute the entire agreement between User and Kessel with respect to the Services and supersede all prior agreements, representations, and understandings.
Kessel reserves the right to modify these Terms at any time by posting a revised version at kesselgateway.com/terms or any successor URL. Kessel will provide at least 14 days' advance notice of material changes via email or in-Service notification. Continued use of the Services following the effective date of any modification constitutes acceptance of the modified Terms.
If any provision of these Terms is held invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remainder of these Terms shall continue in full force and effect.
Kessel's failure to enforce any provision of these Terms shall not constitute a waiver of Kessel's right to enforce such provision or any other provision in the future. No waiver shall be effective unless in writing signed by an authorized representative of Kessel.
User may not assign, transfer, or delegate any of User's rights or obligations under these Terms without Kessel's prior written consent. Kessel may assign these Terms or any rights hereunder without User's consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Kessel's assets. These Terms are binding on and inure to the benefit of the parties' respective heirs, successors, and permitted assigns.
Kessel shall not be liable for any delay or failure in performance resulting from causes beyond Kessel's reasonable control, including acts of God, natural disasters, war, terrorism, government actions, internet outages, Prediction Market Venue downtime, blockchain network failures, or cyber attacks, provided that Kessel gives User prompt notice and uses commercially reasonable efforts to resume performance.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between User and Kessel.
These Terms are for the sole benefit of the parties and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer any rights, benefits, or remedies upon any third party.
All legal notices to Kessel must be in writing and delivered to: team@kesselgateway.com. Kessel may deliver notices to User via the email address on file with User's account or via in-Service notification.
Section headings are for convenience only and shall not affect the interpretation of these Terms.
These Terms may be accepted electronically. User's electronic acceptance, including by clicking "I agree," creating an account, or accessing the Services, is as legally binding as a physical signature.
Banto LLC d/b/a Kessel Email: team@kesselgateway.com Website: kesselgateway.com
By accessing or using the Kessel Services, you acknowledge that you have read these Terms in their entirety, understand them, and agree to be bound by them.