Welcome to Katalyo! These Terms and conditions of Service (the "Terms") and our Privacy Policy govern your access to and use of the Katalyo services and the Katalyo website so please read them carefully.
Last Updated: March 25, 2021
By using Katalyo, you are agreeing to these Terms and the use of your Personal Information as described in our Privacy Policy. If you do not agree to these Terms, do not use Katalyo. If you are using Katalyo on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, "you" and "your" will refer to that organization.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use Katalyo after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using Katalyo.
Your Katalyo Account
To use Katalyo, you'll need to create an account.
You are responsible for safeguarding your Katalyo login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
Private beta program
«y signing up to Katalyo private beta you understand that Katalyo platform is a beta software which implies that the system may produce errors and issues which may result in the loss of data. Katalyo has the right to accept or reject participation in private beta program at it's sole discretion. The amount and number of rewards will be decided for each selected project separately.Katalyo reserves the right not to accept any submited project to participate in a private beta program.
Your Content
«y using Katalyo, you provide us with text, images, file attachments, and other information ("your content"). You retain full ownership of your content - what belongs to you stays yours.
You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Your Use of Katalyo
You may only use Katalyo as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:
Confidentiality
Confidential Information. From time to time, either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") non-public, proprietary, and confidential information of the Disclosing Party ("Confidential Information"). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information ("Confidential Information"). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.
Copyright Infringement
We respect the intellectual property rights of others, and expect you to do the same.
It is our policy to terminate the Katalyo account of anyone who repeatedly infringes the copyright or intellectual property rights of others.
If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact our Copyright Agent at the address below and provide the following information:
Our designated Copyright Agent for notices of copyright infringement and counter-notices is:
Katalyo OÜ ATTN: Copyright Agent info@katalyo.com
Publicity
Unless otherwise specified, Katalyo may use Customer's name, logo and marks (including marks on Customer Properties) to identify Customer as a Katalyo customer on Katalyo's website and other marketing materials.
Warranty Disclaimers
KATALYO IS PROVIDED "AS IS," AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Katalyo OÜ. will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Katalyo. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Indemnity
You will hold harmless and indemnify Katalyo OÜ. and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Katalyo or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
General Terms
These Terms and any action related thereto will be governed by the laws of the Republic of Estonia without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively commercial courts located in the Tallinn Estonia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and Katalyo OÜ, and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Katalyo OÜ.'s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Katalyo OÜ. may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Katalyo. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KATALYO OÜ., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT KATALYO OÜ. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO KATALYO SHALL BE NO MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO KATALYO OÜ. FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.
Terms of Paid Subscriptions
If you purchase a subscription to the Services via the Katalyo website ("Online Subscription") or pursuant to any ordering document ("Order Form Subscription"), the following terms of subscription will apply to you:
Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a "Subscription Term").
Cancellation. You may cancel your subscription at any time; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are noncancelable.
Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at defi.katalyo.com. For Order Form Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, unless cancellation is requested in writing (including by email to info@Katalyo.com) at least thirty (30) days prior to the expiration of the then-current Subscription Term.
Billing and Payment. If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, "Credit Card"), you hereby authorize Katalyo (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to Katalyo. Each net new user beyond the scope of the initial Online Subscription or Order Form Subscription, as applicable, will incur an additional charge, and will be included in a true-up invoice or charged automatically via Credit Card, as applicable.
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Late Payments. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). Katalyo may terminate your subscription if you fail to promptly pay any outstanding fees.
Taxes and Fees.You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on Katalyo's net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.
Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.
Last Updated: March 25, 2021
By using Katalyo, you are agreeing to these Terms and the use of your Personal Information as described in our Privacy Policy. If you do not agree to these Terms, do not use Katalyo. If you are using Katalyo on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, "you" and "your" will refer to that organization.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use Katalyo after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using Katalyo.
Your Katalyo Account
To use Katalyo, you'll need to create an account.
You are responsible for safeguarding your Katalyo login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
Private beta program
«y signing up to Katalyo private beta you understand that Katalyo platform is a beta software which implies that the system may produce errors and issues which may result in the loss of data. Katalyo has the right to accept or reject participation in private beta program at it's sole discretion. The amount and number of rewards will be decided for each selected project separately.Katalyo reserves the right not to accept any submited project to participate in a private beta program.
Your Content
«y using Katalyo, you provide us with text, images, file attachments, and other information ("your content"). You retain full ownership of your content - what belongs to you stays yours.
You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Your Use of Katalyo
You may only use Katalyo as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:
- Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from Katalyo, or use Katalyo in any way other than through our publicly supported interfaces;
- Access, tamper with, or use non-public areas of Katalyo, Katalyo's computer systems, or the technical delivery systems of Katalyo's providers;
- Probe, scan, or test the vulnerability of any Katalyo system or network or breach any security or authentication measures;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide Katalyo;
- Plant malware or use Katalyo to distribute malware;
- Violate the privacy of others;
- Violate any applicable law or regulation;
- Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;
- Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others' rights;
- Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing Katalyo, or introducing any other material or content which is malicious or technologically harmful;
- Attack Katalyo via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of Katalyo;
- Attempt any of the above, or encourage or enable any other individual to do any of the above.
Confidentiality
Confidential Information. From time to time, either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") non-public, proprietary, and confidential information of the Disclosing Party ("Confidential Information"). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information ("Confidential Information"). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.
Copyright Infringement
We respect the intellectual property rights of others, and expect you to do the same.
It is our policy to terminate the Katalyo account of anyone who repeatedly infringes the copyright or intellectual property rights of others.
If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact our Copyright Agent at the address below and provide the following information:
- Your full legal name and electronic or physical signature
- A description of the copyrighted work or other interest that you believe has been infringed;
- Enough information to properly identify and locate that content (including, at a minimum, the relevant URL)
- Contact information, including your address, telephone number, and email address
- The following statements in the body of notice:
- "I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law."
- "I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP."
- "I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law."
Our designated Copyright Agent for notices of copyright infringement and counter-notices is:
Katalyo OÜ ATTN: Copyright Agent info@katalyo.com
Publicity
Unless otherwise specified, Katalyo may use Customer's name, logo and marks (including marks on Customer Properties) to identify Customer as a Katalyo customer on Katalyo's website and other marketing materials.
Warranty Disclaimers
KATALYO IS PROVIDED "AS IS," AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Katalyo OÜ. will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Katalyo. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Indemnity
You will hold harmless and indemnify Katalyo OÜ. and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Katalyo or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
General Terms
These Terms and any action related thereto will be governed by the laws of the Republic of Estonia without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively commercial courts located in the Tallinn Estonia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and Katalyo OÜ, and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Katalyo OÜ.'s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Katalyo OÜ. may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Katalyo. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KATALYO OÜ., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT KATALYO OÜ. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO KATALYO SHALL BE NO MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO KATALYO OÜ. FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.
Terms of Paid Subscriptions
If you purchase a subscription to the Services via the Katalyo website ("Online Subscription") or pursuant to any ordering document ("Order Form Subscription"), the following terms of subscription will apply to you:
Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a "Subscription Term").
Cancellation. You may cancel your subscription at any time; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are noncancelable.
Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at defi.katalyo.com. For Order Form Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, unless cancellation is requested in writing (including by email to info@Katalyo.com) at least thirty (30) days prior to the expiration of the then-current Subscription Term.
Billing and Payment. If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, "Credit Card"), you hereby authorize Katalyo (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to Katalyo. Each net new user beyond the scope of the initial Online Subscription or Order Form Subscription, as applicable, will incur an additional charge, and will be included in a true-up invoice or charged automatically via Credit Card, as applicable.
§
Late Payments. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). Katalyo may terminate your subscription if you fail to promptly pay any outstanding fees.
Taxes and Fees.You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on Katalyo's net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.
Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.
Terms and conditions of Service
Address
Harju maakond, Ahtri tn 12, 10151 Tallinn, Estonia
Katalyo Global OÜ