Terms and conditions

‍Last Updated: 2nd December 2022

1. About the Platform 
‍
1.1 Our platform, available at catapult.xyz (“Platform”) allows our users to network and connect to one another and build new relationships; create an account including a profile to showcase their experience; find opportunities, and allow DAOs and Web3 communities to engage with and/or onboard users. The following are an explanation of some of the capitalised terms we use in these Terms or on our Platform:

- Decentralised Autonomous Organisations (“DAO”) is an organisation led by its community members, without centralised leadership or authority. The DAO allows collaborators to work together and collaborate on various projects or tasks.
- A “Web3 community” on our Platform is a group of individuals that come together with a specific affiliation or interest in web3 (for example individuals that hold a specific NFT, or the community around a web3 protocol or web3 company), and the Web3 communities are not yet DAOs, but may turn into a DAO in the future.
- Any individual using our Platform will do so as a “User”.
- Our Platform accesses information from various blockchains, when using our Platform, you will need to connect your account to your cryptocurrency wallet(s) (“Wallet(s)”).By connecting your Wallet(s) to our Platform, you acknowledge and agree that all the records and data you provide for the creation of, or that you display on, your account on our Platform (including your non-fungible tokens, signature on online votes) are immutable as the blockchain is in the public domain and, by design, cannot be changed or deleted.

2. These terms

2.1 These terms of use, together with other documents we refer to, (“Terms”) set out the terms and conditions that apply to your use of our Platform. Although we have tried our best not to include legalese in these Terms, there are places where they may still read like a traditional contract. This is because these Terms form a legally binding contract between you and us, so please read them carefully.

2.2 In order to use our Platform, you must accept these Terms and our Privacy Policy ((www.catapult.xyz/p/terms) as may be updated from time to time). If you do not agree with them at any time, you must not use our Platform.

3. Use of our Platform

3.1 To use our Platform, you need to create an account as a User, either by connecting the public key associated with your Wallet(s) or your Discord ID. Your Wallet(s) or Discord ID will be your identifier on our Platform and used as your login credentials for future access to your account. If you chose to connect your Wallet(s) to our Platform, you must own and control the Wallet(s) you connect to the Platform. You are responsible for any activity that occurs via your account. So it is important that you keep your account secure. We do not accept any responsibility for the security of any Wallet(s) or Discord ID you connect to the Platform.

3.2 You must be at least 18 years of age to create an account and/or access offer, perform or procure any services through our Platform.

3.3 We have the right to disable your account at any time if, in our reasonable opinion, you, or anyone acting on your behalf, fails to comply with these Terms. 

3.4 You agree not to create any account if we have previously removed or banned you or your account from our Platform, unless we agree otherwise in writing.

4. Rights we grant to you

4.1 We, or our licensors, own our Platform and any modifications and improvements we make to our Platform (including all proprietary content (but excluding content provided by other Users and Your Content (as defined below), see section 4 below), information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and “look and feel” of our Platform and all related intellectual property rights). 

4.2 Provided you, and anyone acting on your behalf, comply with these Terms and applicable laws, we grant you the revocable right to access and use our Platform (including any content we make available to you as part of our Platform) solely for the purposes of creating your account on our Platform; exploring and following other Users’ profiles; connecting your Wallet(s) or Discord ID (including to allow you to receive and send funds, showcase your NFTs, participate in and sign polls, surveys, governance posts and other online votes); accessing, contributing to, and hosting communities (including: Users accessing information about Web3 communities and DAOs; a Web3 community or DAO screening, selecting, onboarding, engaging and communicating with Users, receiving services and leading projects; and Users providing information about their experience, applying to join a Web3 community or DAO and providing services in relation to such projects and for the Web3 community or DAO). You may not use our Platform in ways that are not permitted by these Terms, nor may you help anyone else in doing so.

4.3 The Platform may contain open source software, which is subject to its own licence terms (“OSS”). Any copyright in the OSS will be held by the relevant third party set out in the applicable copyright notice. You accept and agree to be bound by such OSS licence terms.]

5. Rights you grant to us

5.1 Parts of our Platform allow you to create, post, upload, send, receive and store information, polls, surveys, communications, content and materials (“Your Content”). When you do that, you retain whatever ownership rights to Your Content you had to begin with. But, for the limited purpose of operating, developing, providing, supporting, promoting and improving our Platform, you grant us a worldwide, royalty-free, sub-licensable and transferable licence to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyse, transmit, and distribute Your Content (the “Licence”). 

5.2 The Licence includes a right for us to (i) provide our Platform to other Users (for example, allowing other Users to use Your Content as permitted under section 3.1), and performing our other obligations, or exercise our rights, under these Terms; and (ii) make Your Content available to, and pass these rights along to, other service providers with whom we have contractual relationships related to the provision of our Platform, solely for the purpose of operating, developing, providing, supporting, promoting and improving our Platform, or otherwise as required or permitted by any applicable law, including preventing fraud, compliance with security requirements.

5.3 To the extent permissible by law, you irrevocably waive, or agree not to assert against us or other Users that you have permitted to view Your Content, any moral rights or equivalent rights you may have in any of Your Content that you share on our Platform throughout the world.

5.4 While we are not required to do so, we reserve the right to access, review, screen, and delete any of Your Content (a) which we think violates these Terms or our policies, or (b) if necessary to comply with our legal obligations. However, you alone remain responsible for Your Content.

5.5 We may also access or disclose information about you or your use of our Platform: (a) if we are required to do so by law; (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights or personal safety of us, Users, or the public, this includes a right for us to disclose your identity to any third party claiming that Your Content violates rights.

5.6 You may revoke the Licence at any time by deleting the account linked to your Wallet(s) or Discord ID from our Platform. However, copies of Your Content will continue to be displayed on the Platform and will be retained by us as part of our routine backups, or as otherwise permitted or required by applicable law.

5.7 If you provide any feedback or suggestions to us about our Platform, subject to compliance with data protection laws, we can use these in any way without compensating you and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.

5.8 You also agree that we have the irrevocable right to use, modify, license, combine, aggregate with other data, create insights and derivatives from and/or anonymise Your Content (“Aggregated Data”) and combine and incorporate the Aggregated Data with or into other data and information, available, derived or obtained from other sources for any purpose, including optimising and improving our Platform. 

6. Content provided by Users

6.1 Much of the content made available on our Platform is produced by Users, including Your Content (“User Content”), and is the sole responsibility of the relevant User that submitted it (and in the case of Your Content, this is your responsibility). Although, we reserve the right to review or remove any User Content, we do not necessarily review, verify the accuracy of, or vet all of it. So we cannot, and do not, guarantee that other Users or the User Content will comply with our Terms.

6.2 Where the Platform contains links to third party websites, tools, integrations or resources (“Links”), these Links are provided for your information only. We have not reviewed these Links and are not responsible for their appropriateness, suitability, availability, accuracy or content or for any loss or damage that may arise out of your use of them. When you access Links you understand that it is independent from us and that we have no control over the content or availability of those Links. If you access any Links, this is entirely at your own risk. You should read any terms and conditions applying to the use of any Links that you visit and address any complaints or queries relating to such Links to the owner and/or operator of such Link.

7. Fees

7.1 Access to the Platform is currently free, however, we reserve the right to introduce usage fees at any time. We will notify you if we introduce or change any usage fees, and the new fees will apply if you continue to access and use our Platform after such notification. 

8. Dealings between you and other Users 

8.1 Your interactions and correspondence with any User via our Platform (including payment for any contribution, and/or any other terms of agreement) are solely between you and such User. We are not responsible or liable to you for or in connection with any such interactions or correspondence with other Users.

8.2 We may facilitate or assist Users offering services to other Users seeking such services. However, you acknowledge that we do not verify, monitor, supervise, direct, control or monitor any Users, their profiles or experience, or their performance of any services, and you agree that: (a) we are not responsible or liable for the offering, performance or procurement of such services; and (b) we do not endorse any particular User (including Web3 communities or DAO) or services, User Content or any digital assets; and (c) we do not provide recommendations or professional advice of any kind. We recommend taking appropriate professional advice before making any decision or entering into any contract with any User.

8.3 It is the responsibility of the Web3 community or DAO to select appropriate Users, verify any further details of the relevant User, including insurance coverage and qualifications, and negotiate separate terms to govern any services to be provided by a User. In relation to any such services, our obligations are limited only to the provision of our Platform in accordance with these Terms. Nothing in these Terms is intended to, or shall, create an employment, agency, partnership, or joint venture relationship between us and any User in relation to their use of our Platform.

8.4 You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any dealings or interactions between you and another User, including for example, in relation to any negligent or malicious acts by Users such as a “rug-pull”. If there is a dispute between you and another User on our Platform you understand and agree that we are under no obligation to become involved and waive any right to claim any losses or damages (actual and consequential) of any kind arising out of or in any way related to such disputes and/or our Platform.

9. Acceptable use of our Platform

9.1 You must use our Platform in accordance with these Terms, applicable law, our policies, guidelines and other instructions we provide from time to time. This means, among other things, you must use our Platform in a professional manner, including providing accurate information, and if you are a User offering services, you must have all licences required to provide such services.

9.2 You agree that you will not do, attempt to do, enable or encourage anyone else to do, any of the following:

- copy, use, disclose or distribute any User Content (save for Your Content), except as expressly allowed in these Terms;
- violate or infringe our copyright, trade marks or other intellectual property rights;
- monitor our Platform’s availability, performance or functionality for any competitive purpose or simulate the appearance or function of our Platform;
- create more than one account for yourself, create another account if we have already disabled your account or otherwise restricted your use of our Platform, use or attempt to use another User’s account except as permitted by us, attempt to access our Platform through unauthorised third-party applications, solicit login credentials from other Users, or buy, sell, rent, or lease access to your account;
- reverse engineer, duplicate, decompile, disassemble, or decode our Platform (including any underlying idea or algorithm), or otherwise extract the source code of the software of our Platform;
- use any robot, spider, crawler, scraper or other automated means or interface to access our Platform or extract other Users’ information;
- upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of our Platform;
- violate any applicable law or regulation in connection with your access to or use of our Platform;
- access, store, distribute or transmit any material during the course of your use of our Platform that is harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive or promotes unlawful violence;
- or access or use our Platform in any way not expressly permitted by these Terms.

9.3 We respect the rights of our Users, and so should you. You therefore may not use our Platform, or enable anyone else to use our Platform, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.

9.4 You will provide us with all necessary cooperation and access to information as may be required by us in order to provide our Platform to Users.

10. Your warranty and indemnity

10.1 When you submit Your Content to our Platform, you warrant, and are solely responsible for ensuring and must ensure, that you own Your Content, or that you have received all necessary permissions, clearances, and authorisations in order to submit it to our Platform (including compliance with applicable laws and data protection laws) and grant the rights and licences contained in these Terms for Your Content. 

10.2 You agree, to the extent permitted by law, to indemnify, defend, and hold harmless, us and our personnel from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal fees) due to, arising out of, or relating in any way to: (a) your access to or use of our Platform; (b) Your Content, including infringement claims related to Your Content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or wilful misconduct.

11. Our warranties and disclaimer

11.1 We will try to keep our Platform available, but we cannot make any promises.

11.2 Our Platform is provided “as is” and “as available” and (to the extent permitted by law and except as stated in these Terms) without warranties of any kind, either express or implied, including implied warranties: (a) relating to merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement; or (b) arising from a course of dealing.

11.3 In addition, while we attempt to provide a good user experience, we do not represent or warrant that: (a) our Platform will always be entirely secure, error-free or timely; (b) our Platform will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through our Platform will always be timely or accurate.

11.4 To the fullest extent permitted by law, we take no responsibility and assume no liability for Your Content or User Content. You agree that your sole and exclusive remedy for any problems or dissatisfaction with our Platform is to delete the account linked to your Wallet(s) or Discord ID and stop using our Platform. You are solely responsible for any outcome you receive from your use of the Platform (for example, the services provided or received, the Users you interact with and/or engage), and any assumptions, decisions or conclusions in connection with such use. To the extent permitted by law, we and our third party licensors shall not be liable for any errors or omissions or any loss, damage or expense incurred by reliance on any content or information contained in our Platform.

12. Limitation of liability

12.1 Nothing in these Terms will exclude or limit: (a) any liability for death or personal injury caused by our negligence; (b) liability for fraud or fraudulent misrepresentation; (c) liability for anything else that cannot be limited or excluded by law; (d) responsibility we may have to remove content if so required by the law of the country where you live; or (e) otherwise affect any statutory consumer rights you have if you access our Platform as a consumer.

12.2 Subject to section 11.1, we and our personnel will not be liable for any indirect, incidental, special, or consequential damages, or for any loss of: profit, revenue, business, or contracts, or any loss of use or loss of or damage to data or goodwill or other intangible losses, in each case whether incurred directly or indirectly, resulting from: (a) your use of our Platform or inability to use our Platform; (b) your access to or inability to access our Platform; (c) the conduct or content of other Users (including User Content) or third parties on or through our Platform; or (d) unauthorised access, use or alteration of Your Content.Subject to sections 11.1 and 11.2, in no event will our total, aggregate liability, howsoever arising (including in contract, tort (including negligence), or breach of statutory duty) for all claims relating to our Platform exceed $100.

13. Changes to our Platform and these Terms

13.1 We are continuously trying to improve our Platform. That means we may add or remove features, products or functionalities, and we may also suspend or stop access to our Platform altogether. We may take any of these actions at any time and, when we do, we will try to notify you beforehand, but this may not always be possible.

13.2 We may also amend or update these Terms from time to time. Again, we will try to notify you before any material changes and will update the “Last modified” date at the top of these Terms. Your continued use of our Platform after any changes will confirm your acceptance of these Terms, as amended.

14. Termination

14.1 You can terminate these Terms at any time and for any reason by deleting your account.

14.2 We may terminate or temporarily suspend your access to our Platform if you, or anyone acting on your behalf, fail to comply with these Terms or the law, for any reason outside of our control, or for any other reason, and without advanced notice. That means that we may terminate these Terms, stop providing you with access to all or any part of our Platform, or impose new or additional limits on your ability to use our Platform. Although we will try to give you reasonable notice beforehand, we cannot guarantee that notice will be possible in all circumstances.

14.3 Regardless of who terminates these Terms, both you and we will continue to be bound by sections 4 (Rights you grant to us); 6 (Fees); 7 (Dealings between you and other Users); 9 (Your warranty and indemnity); 10 (Our warranties and disclaimer); 11 (Limitation of Liability); 13 (Termination); 15 (Governing law and venue) and 16 (General terms) of these Terms.

15. Privacy

15.1 Your privacy matters to us. You can learn how your personal data are handled when you use our Platform by reading our Privacy Policy.

16. Governing law and venue

16.1 The laws of England govern the relationship between you and us, these Terms and/or your use of our Platform, and any claims and disputes (including any non-contractual claims or disputes) arising out of or relating to the same. If you are a business, both you and we irrevocably agree the courts of England shall have exclusive jurisdiction of any claim or dispute (including any non-contractual claims or disputes) arising out of or relating to the relationship between you and us, these Terms and/or your use of our Platform. If you are a consumer, you can bring legal proceedings in relation to any access to or use of our Platform or these Terms, in the English courts or your local courts, if you reside outside England.

16.2 To the extent permitted by applicable law, you agree that any claim brought by you will be in your individual capacity only and not as a class action or other representative action, and you and we expressly waive the right to file a class action or seek relief on a class basis.

17. General terms

17.1 We will not be liable for any breach of these Terms caused by events, circumstances or causes beyond our reasonable control. If any provision of these Terms is found unenforceable, that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. These Terms (including the terms
they refer to) make up the entire agreement between you and us regarding our Platform, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide our Platform using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you. Any words following “including”, “include”, “for example” or similar expression shall be illustrative only.

18. Contact us

18.1 Please send any comments, questions, concerns, suggestions or other notices to us at [email protected].

18.2 The company operating our Platform is called Catapult Labs Ltd  (“we”, “us” or “our”), and our registered office located at 20 St. Thomas Street, London, England, SE1 9RS, our registered company number: 13769896.

18.3 We may notify you by email, posts within our Platform, or other legally accepted means.

‍