1. Welcome to Katalyse !
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Katalyse after a change, that means you accept the new terms.
We don’t guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend of restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
2. About Creating an Account
To sign up for a Katalyse account, you need to be 18 or over. You’re responsible for your account and all the activity on it.
You can browse Katalyse without registering for an account. But to use some of Katalyse functions, you’ll need to register, choose an account name, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out or suspect that someone’s used your account without your permission, you should promptly report it to firstname.lastname@example.org
If you don’t follow these rules, we may cancel your account.
3. Things You Definitely Shouldn’t Do
This section is a list of things you probably already know you shouldn’t do — lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself. Don’t do this stuff.
Many people use Katalyse . We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things — most of which boil down to “don’t mess with our system.”
4. How Projects Work
Katalyse provides a funding platform for creative projects. All projects posted on the Site have been verified by and approved by us. When a creator posts a project on Katalyse , they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.
Katalyse is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:
When a project is successfully funded, the creator must complete the project and fulfil each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.
Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that when they back a project, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.
If a creator is unable to complete their project and fulfil rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
The creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
If the creator has participated in Katalyse accountability programme, such that the project’s funds are held in a smart contract escrow with us, we will hold regular votes at the pre-agreed project milestones and the remaining funds will be returned to backers if they vote to stop payment and execute a refund. We will clearly indicate on the website if the projects funds are held in a smart contract escrow with us.
5. How Funding Works
This section goes over the details of backing and creating projects — things like how money gets collected, whether pledges can be changed or cancelled, and how creators can contact backers to provide rewards.
These are the terms that apply when you’re backing a project:
· Your backed crypto-currency will be collected when you back the project. If at the time of the project’s funding deadline, the project has failed to reached its minimum funding target, Katalyse will credit a full refund to your crypto-currency wallet.
· The Estimated Delivery Date is the creator’s estimate. The date listed on each reward is the creator’s estimate of when they will provide the reward — not a guarantee to fulfil by that date. The schedule may change as the creator works on the project. We ask creators to think carefully, set a date they feel confident they can work toward, and communicate with backers about any changes.
· The creator may need to send you questions about your reward. To deliver rewards, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time.
· Katalyse only offers refunds for creators which participate in our accountability programme. Responsibility for finishing a project lies entirely with the project creator. Katalyse does not: hold funds on creators’ behalf; guarantee creators’ work; or offer refunds on pledges made unless creators have joined our accountability programme.
These are the terms that apply when you’re creating a project:
· You can refund individual pledges if you want. After your project has been funded, you can cancel and refund a backer’s pledge at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.
· We’ll charge our fees before putting funds in your account. Katalyse and its payment partners will subtract fees before transmitting the proceeds of a campaign.
· Some pledges can’t be collected, which might reduce the amount of funding you get. This is because some payments can’t be collected — for instance, a clogged blockchain network may result in delayed completion of some transactions.
· You cannot and will not create any projects involving the distribution or issuance of any securities, shares, debentures, debts, units of collective investment schemes, profit sharing interests, or any other similar arrangements.
· Don’t count your chickens before they hatch. Don’t assume you’ll be able to launch your project when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the cryptocurrency pledged until you actually have the ability to withdraw it from your account and spend it.
6. Stuff we are not responsible for
Generally, we don’t oversee projects’ performance, and we don’t mediate disputes between users.
Katalyse isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services.
When you use the Services, you release Katalyse from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
The views expressed by other users on our site do not represent our views or values.
If the project is part of our accountability programme, Katalyse will hold regular votes at pre-agreed project milestones. If enough voters agree to stop backing the project and execute a refund, there will be a 48-hour window where project creators can submit an appeal to us. We reserve the final right to decide whether the project should be stopped, and a refund executed, and such decisions shall be binding on the voters and creators.
7. Our Fees
Fees are only charged on successfully funded projects. We charge 5% for each successfully funded project in cryptocurrency.
Creating an account on Katalyse is free. If you create a project that is successfully funded, we (and our payment partners) collect fees.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site.
You’re responsible for paying any additional fees or taxes associated with your use of Katalyse .
8. Other Websites
Any activity conducted between you and other websites is your responsibility. We do not have control over what happens.
Katalyse may contain links to other websites. (For instance, project pages, may link to other sites) When you access third-party websites, you do so at your own risk. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. In other words, we don’t control or endorse any of those sites, and we strongly recommend carefully examining the links that you click when accessing websites such as https://www.myetherwallet.com which host your wallet.
9. Your Intellectual Property
We don’t own the stuff you post on Katalyse . But when you post it, you’re giving us permission to use or copy it however we need in order to run the site, or show people what’s happening on it. (We generally just use this to promote projects and showcase our community on the website.) You’re responsible for the content you post, and you’re vouching to us that it’s all okay to use.
Katalyse doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:
· We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
· When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
· You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Katalyse all the license rights outlined here).
· Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Katalyse hosting of that Content.
· You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Katalyse or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
· We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
· You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
· We’re not responsible for mistakes in your content. Katalyse will not be liable for any errors or omissions in any content.
10. Katalyse Intellectual Property
The content on Katalyse is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Katalyse Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Katalyse grants you a license to reproduce content from the Services for personal use only. This license covers both Katalyse own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Katalyse or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
11. How We Deal with Copyright Issues
We comply with the Copyright Act To learn more about how we deal with claims of copyright infringement, read our Copyright Policy.
The Copyright Act (CA) lays out a system of legal requirements for dealing with allegations of copyright infringement. Katalyse complies with the CA, and we respond to notices of alleged infringement if they do not comply with the law and the requirements set forth in our Copyright Policy.
We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you wish to submit a claim of copyright infringement, please email email@example.com
12. Our Rights
To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.
Katalyse reserves these rights:
· We can make changes to the Katalyse Site and Services without notice or liability.
· We have the right to decide who’s eligible to use Katalyse . We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Katalyse in that jurisdiction.
· We have the right to cancel any pledge to any project, at any time and for any reason.
· We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
Katalyse is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
13. Warranty Disclaimer
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
KATALYSE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KATALYSE SHALL CREATE ANY WARRANTY.
Avoid doing something on Katalyse that winds up in us getting sued.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Katalyse . We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defences.
15. Limitation of Liability
If something bad happens as a result of your using Katalyse , we’re not liable (beyond a small amount).
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KATALYSE , ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (II) FOR ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY CONDUCT OF CONTENT OF ANY THIRD PARTY ON THE SITE. IN NO EVENT SHALL KATALYSE LIABILITY FOR DIRECT DAMAGES BE IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED SINGAPORE DOLLARS ($100.00).
16. Dispute Resolution and Governing Law
Any disputes with us have to be handled in Singapore under Singapore law.
We at Katalyse encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. You agree that Katalyse and its Services are deemed a passive website that does not give rise to jurisdiction over Katalyse or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than Singapore. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Katalyse , shall be filed only in the courts located in Singapore, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
17. The Rest
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using Katalyse !
These Terms and the other material referenced in them are the entire agreement between you and Katalyse with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Katalyse with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Katalyse to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Katalyse prior written consent. Katalyse has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Katalyse will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.