CATOS LABS, INC. TERMS OF SERVICE
Last Revised on October 7, 2026
Welcome to the Terms of Service (these “Terms”) for the website-hosted user interface, https://catalyst.app/chat (the “App”), operated by Catos Labs, Inc. (“Company,” “we,” or “us”). The App and any content, tools, features and functionalities offered on or through our App are collectively referred to as the “Services.” By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices and your user rights, please visit our Privacy Policy located at https://catalyst.app/privacy.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, data, information, applications, software, or materials (collectively, “Third-Party Materials”) that Company may make available to you via the Services. Except to the extent that they are preempted by U.S. federal law, the laws of the state of Delaware, excluding conflict-of-laws principles of any jurisdiction, govern these Terms and any disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 7 (ARBITRATION AND CLASS ACTION WAIVER) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 7 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 8.9 (GOVERNING LAW) WILL APPLY INSTEAD.
1. THE SERVICES AND ELIGIBILITY TO USE THE SERVICES
1. The App. The App provides an agentic artificial intelligence interface through which AI-powered agents (“AI Agents”) convert your natural-language prompts into executable trading strategies. You may describe a trading idea based on real-world events, market conditions, or other criteria you provide. The AI Agents may identify and analyze relevant third-party data sources and markets, including news, prediction markets, tokens, equities, commodities, and other assets, and use that information to generate a proposed trading strategy for your review. With your authorization, the AI Agents may place and execute orders through your Wallet. Depending on the permissions and settings you select, the AI Agents may also execute trades automatically in accordance with your instructions without requiring your approval for each individual Transaction. We use a third-party service provider for compliance purposes to make your experience safe. You are solely responsible for any actions taken on the Services.
2. AI Agents. AI Agents are AI-powered tools that allow you to create and authorize self-directed, recurring transactions for your Account, including placing trade orders, tracking holdings, purchasing commodities, and taking other Account-related actions (“Transactions”). Once you confirm your instructions, the AI Agent may automatically execute Transactions on an ongoing basis in accordance with those instructions. Any trading ideas or other Outputs are provided for informational and illustrative purposes only and do not constitute investment advice or recommendations. You are solely responsible for evaluating any strategy and reviewing your instructions before executing any Transaction. “Input” means any instructions or other information you provide to an AI Agent, and “Output” means any information, responses, interpretations, confirmations, dashboards, or performance data generated by an AI Agent. Company does not guarantee the accuracy, completeness, or suitability of any AI Agent Output and is not responsible for losses resulting from AI Agent-generated decisions. You are responsible for reviewing Account activity, approving Transactions, and ensuring the AI Agent is operating as intended. Once executed, Transactions cannot be cancelled or reversed by Company. If you believe that a Transaction was not executed in accordance with your instructions, you should notify us at team@catalyst.app; however, it is your sole obligation to take immediate action to limit any losses that may result from your AI Agent, including by pausing, modifying, or terminating your AI Agent or revoking its delegated permissions. Company does not guarantee that any Transaction will be executed, or that it will be executed at any specific time, price, or quantity.
3. Wallets and Delegated Permissions. All Transactions initiated through the Services require you to use third-party infrastructure provided by Privy through a non-custodial wallet (“Wallet”). To execute Transactions, you must fund your Wallet with fiat currency or cryptocurrency. Your use of the Wallet is subject to the applicable wallet provider’s terms. We do not take custody or control of the assets held in your Wallet and cannot independently retrieve, withdraw, or transfer those assets. Privy allows Wallet users to delegate specific permissions to separate signers. With your explicit authorization, you may delegate signing permissions to an AI Agent, allowing the AI Agent to sign and submit Transactions on your behalf without requiring your approval at the time of each Transaction. Any such delegation is limited to the permissions and conditions you authorize, which may include the type of Transaction, Transaction amount, recipient, applicable smart contract, or other parameters. Transactions outside those authorized parameters will not be executed. You may revoke delegated permissions at any time. By connecting a Wallet to the App, you represent and warrant that you are authorized to use and control that Wallet and authorize the permissions you grant through the Services. You are responsible for maintaining the security and confidentiality of your Wallet credentials. Company does not exercise independent discretion over the disposition of your assets. AI Agents execute Transactions only pursuant to the instructions, permissions, and parameters you authorize. Company has no liability or responsibility to you in any way arising from your use of such third-party Wallets, including for any security failures or other errors or failures of such Wallets.
4. Eligibility. If you are entering into these Terms as an individual, you represent and warrant that you are at least 18 years old or the age of majority in the jurisdiction in which you reside, whichever is greater, have the legal capacity to enter into these Terms and be bound by them, and are not otherwise barred from using the App under applicable law. By using the Services, you represent and warrant you meet this requirement.
5. Placing Trades. AI Agent trading involves significant risk, including the possible loss of your entire investment. AI-driven strategies may perform poorly under certain market conditions, move quickly, and be difficult to monitor or stop in real time. This product may not be appropriate for you if you are unable to understand and bear the risks.
2. USER ACCOUNTS; IDENTITY VERIFICATION & TRANSACTION SCREENING
2.1. Creating and Safeguarding your Account. To use the Services, you need to create an account (“Account”). You can create an Account by linking your Wallet address to the App or by providing an email address and password that will be associated with your Wallet address or Account. You agree to provide us with accurate, complete, and updated information for your Account. You are solely responsible for any activity on your Account and Wallet and for maintaining the confidentiality and security of your password. Company is not liable for any acts or omissions by you in connection with your Account or Wallet. You must immediately notify us at team@catalyst.app if you know or have any reason to suspect that your Account, Wallet or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account or Wallet. Company may require you to provide additional information and documents regarding your use of the Services, including at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering, or for counteracting financing of terrorism. Company may also require you to provide additional information and documents in cases where it has reason to believe that:
(a) your Account or your Wallet is being used for illegal money laundering or for any other illegal activity;
(b) you have concealed or reported false identification information and other details; or
(c) Transactions effected via your use of the Services were made in breach of these Terms.
2.2. Identity Verification and Transaction Monitoring.
(a) You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to act as we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal data may be disclosed to fraud prevention or financial crime agencies.
(b) You agree and acknowledge that, when you access or use the Services, your Wallet will be screened by a third-party vendor for regulatory and compliance purposes. By accessing and using the Services, you also agree to be bound by the applicable terms of service and privacy policy of our Wallet screening vendor, as applicable. Any collection, use or sharing of data by Company in connection with such screening will be governed by Company’s Privacy Policy.
(c) You agree and acknowledge that Company may review any necessary information to comply with applicable law and/or its internal compliance standards including monitoring on-chain activity associated with your Wallet. Company may further block certain Transactions from being executed if we determine in our sole discretion that such Transactions would violate applicable law or are not permitted under these Terms.
3. RIGHTS WE GRANT YOU
3.1. License Grants.
(a) Services License. Subject to your compliance with these Terms, Company hereby grants to you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that we, in our sole discretion, may elect to take.
3.2. Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have written permission to do so:
(a) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
(b) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
(c) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services or impersonate a real person or to engage in multiple Transactions or Accounts via the Services;
(d) use, or permit any third party to use, any Output generated through the Services to train, fine-tune, validate, test, replicate, or otherwise develop any artificial intelligence or machine learning model, or to create any product or service that competes with, replicates, or is derived from the Services, except with Company’s prior written consent;
(e) access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
(f) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
(g) circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
(h) use any robot, spider, crawler, or other automatic device, process, software, or query that intercepts, “mines”, scrapes, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same;
(i) introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
(j) use the Services for illegal, harassing, unethical, or disruptive purposes;
(k) violate any applicable law or regulation in connection with your access to or use of the Services; or
(l) access or use the Services in any way not expressly permitted by these Terms.
4. OWNERSHIP AND CONTENT
4.1. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights in the Services) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and their content (other than Your Content), including the right to create derivative works.
4.2. Ownership of Trademarks. Company’s name, trademarks, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates, service providers or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
4.3. Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content or Inputs through the Services (“Your Content”). In order to operate the Services, Company must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. We do not use Your Content to train, develop, or improve our AI Agents or underlying AI models. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. By submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
4.4. Notice of Infringement – DMCA Policy.
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 U.S.C. § 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
(a) identification of the copyrighted work that is claimed to be infringed;
(b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
(c) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
(d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owner, its agent or the law;
(e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
(f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to [ADDRESS], Attn: General Counsel, or by e-mail to [EMAIL]. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the use of Services via the Accounts or Wallets connected to the Accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
Any user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
5. THIRD-PARTY SERVICES AND MATERIALS
5.1. Third-Party Data. The AI Agents may use content, market data, prices, news, articles, research, analysis, prediction market data, on-chain data, and other information obtained from official databases, decentralized exchanges, external websites, oracles, and any other third-party data providers that are not affiliated with Company (collectively, “Third-Party Data”). Company is not involved in the preparation, production, editing, or verification of Third-Party Data, and Company does not explicitly or implicitly endorse or approve any Third-Party Data. The scope, nature, timing, or occurrence of certain Transactions may depend on querying real-time or historical Third-Party Data. Third-Party Data is provided to you and your AI Agents on an “as is” and “as available” basis. If you tie any Transaction to Third-Party Data or otherwise use Third-Party Data in connection with any AI Agent, you do so solely at your own risk. Company: (a) does not warrant or guarantee the accuracy, reliability, timeliness, completeness, or correctness of any Third-Party Data; (b) does not warrant any results from the use of or reliance upon Third-Party Data; and (c) shall bear no liability or responsibility to you or any third party for any loss or damages arising from any delay, interruption, error, inaccuracy, or omission in any Third-Party Data, including any Transaction that is triggered, fails to be triggered, or is improperly executed on the basis of such data.
5.2. Use of Third-Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
5.3. Third-Party Partners. We may partner with other companies (“Third-Party Partners”) to successfully provide you with some of the Services. In order to accomplish the aforementioned, we may need to share your personal information with the applicable Third-Party Partners so they can meet their legal and regulatory obligations. We may use Third-Party Partners to collect and capture biometric data to provide you with the Services, to avoid fraudulent and/or illegal activities and to be compliant with anti-money laundering (“AML”) and know-your-customer (“KYC”) regulations and other applicable laws. For more information, please read our Privacy Policy.
6. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION
6.1. Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Company, our parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, service providers and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) the operation or compatibility with any other application or any particular system or device; (c) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (d) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
6.2. No Investment or Professional Advice. Company does not provide investment advice, investment recommendations, or endorsements. All Outputs generated or provided through the Services, including responses generated through the chat interface, are provided solely for informational, educational, and/or illustrative purposes. Outputs do not constitute and should not be construed as: (a) investment advice, investment research, or financial advice; (b) a recommendation or solicitation to buy, sell, hold, or otherwise transact in any security, cryptocurrency, digital asset, or other asset; or (c) an endorsement of any product, service, asset, investment, trading strategy, or transaction. You understand and agree that Outputs should not be relied upon to make investment decisions. Outputs may be inaccurate and do not account for your individual goals, risk tolerance, and/or other circumstances. You are solely responsible for conducting your own due diligence and analysis before submitting any instructions or making any other investment decision. Before confirming any Transaction, please carefully consider whether the AI Agent and its Transactions are suitable for you based on your investment objectives, risk tolerance, and other individual factors. Please consult with a professional in the field to assist you.
6.3. Regulatory Status. Company is not registered with the U.S. Securities and Exchange Commission (“SEC”) as an investment adviser under the Investment Advisers Act of 1940, as amended, and is not registered with the U.S. Commodity Futures Trading Commission (“CFTC”) as a commodity trading advisor under the Commodity Exchange Act, as amended. Neither the SEC, the CFTC, nor any other regulatory authority has reviewed, approved, or passed upon the merits of the Services, these Terms, or any Output. Company does not act as your investment adviser, commodity trading advisor, or fiduciary, and does not exercise discretion over your assets; AI Agents act solely pursuant to the instructions, permissions, and parameters you provide. Nothing in these Terms or the Services creates an advisory or fiduciary relationship between you and Company, and you will not be afforded the protections that may be available to clients of a registered investment adviser or commodity trading advisor.
6.4. AI Agent Limitations and Risks. The AI Agents and all Outputs are provided “as is” and “as available”, without warranty of any kind. The Services rely upon new, experimental, and rapidly evolving generative AI, agentic AI, and large language model technology that has inherent limitations and risks. AI Agents may misinterpret your instructions, and Outputs may contain errors, inaccuracies, omissions, or outdated information. Company does not warrant or guarantee the accuracy, completeness, timeliness, or reliability of any Output, or that any AI Agent will interpret or execute your instructions as you intend. You are solely responsible for verifying all information in Outputs before taking any action based on such information, including verifying all instructions, delegated permissions, and Transaction details before activating an AI Agent.
6.5. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES, SUBSIDIARIES, SERVICE PROVIDERS, AFFILIATES AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, DATA OR PROFITS, SERVICES INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING ANY TRADING LOSSES OR LOSSES ARISING FROM ANY AI AGENT, OUTPUT, THIRD-PARTY DATA, WALLET, OR TRANSACTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES ARE NOT LIABLE FOR YOUR CONTENT SUBMITTED THROUGH THE SERVICES. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO COMPANY FOR USE OF THE SERVICES OR ONE THOUSAND U.S. DOLLARS (US$1,000.00) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.
6.6. Assumption of Risks.
(a) You acknowledge and agree that there are risks associated with trading and holding digital assets, using AI Agents, and using blockchain technology. These include, but are not limited to, risk of losing access to digital assets due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of AI hallucinations, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks.
(b) AI Agents may execute Transactions rapidly, repeatedly, and without your contemporaneous review, and errors in your instructions, delegated permissions, Outputs, or Third-Party Data may result in unintended Transactions and significant losses before you are able to detect or stop them. Network congestion, transaction fees, slippage, liquidity conditions, and smart contract behavior may cause Transactions to execute at prices or in amounts different from those you expected, or not at all.
(c) Transactions executed through the Services may interact with smart contracts, protocols, and blockchain networks that are developed and operated by third parties. We will not be liable or responsible to you for any failure in the intended function of such smart contracts, or any bugs, viruses, exploits, logic gaps, or malicious code which may be incorporated into any such smart contracts, or which could be used to commit fraud or otherwise cause harm. You acknowledge that you have obtained sufficient information to make an informed decision to execute any Transaction, including reviewing any applicable smart contract, and fully understand and accept the functions of the same. Further, we will not be liable for any failure or removal of any blockchain network, protocol, oracle, or other infrastructure on which any Transaction or ownership of any digital asset may be recorded.
(d) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the potential utility or value of digital assets. Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks may have unintended, adverse effects on all blockchains, including any that are related to your digital assets.
(e) You acknowledge and understand that all trading and investment involves risk, that losses may exceed the amount invested, and that past performance of any asset, market, sector, or strategy does not guarantee future results or returns. Digital asset, prediction market, and other markets accessible through the Services may be highly volatile and illiquid. You are solely responsible for all instructions and Transactions that you input or authorize through the AI Agents, including any risks or losses in connection with them.
6.7. Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) Your Content; (e) your use of AI Agents, including your instructions, delegated permissions, and any Transactions executed through your Wallet or Account; or (f) your negligence or willful misconduct.
7. ARBITRATION AND CLASS ACTION WAIVER
7.1. Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
7.2. Arbitration Agreement. Following completion of the informal dispute resolution process, any unresolved dispute, controversy, or claim arising out of or relating to these Terms, their interpretation, application, validity, or enforceability, or your access to or use of any of Company’s products or services, including the Services (each, a “Claim”), shall be resolved through binding arbitration. This agreement to arbitrate expressly includes any threshold questions concerning the existence, scope, applicability, validity, or enforceability of this Section 7, including the arbitrability of any Claim. You and Company agree that any Claim will be settled by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Section 7). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Any arbitration will be conducted in the English language and the seat of the arbitration shall be New York City, New York. Notwithstanding the foregoing, you and Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
7.3. Waiver of Class Actions and Class Arbitrations. You and Company agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
7.4. Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
7.5. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
7.6. Opt-Out. You have the right to opt out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt out to team@catalyst.app. The notice must be sent to Company within thirty (30) days of your registering to use the Services or agreeing to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Company also will not be bound by them.
8. ADDITIONAL PROVISIONS
8.1. Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail, and/or by placing a prominent notice on the first page of the App, and/or by implementing a mandatory click-through process. In the event we implement a mandatory click-through process for any material changes to these Terms, by clicking, you agree and acknowledge you have read the changes and acceptance of the modified Terms will become effective. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access to or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
8.2. Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by Company will terminate automatically. Additionally, Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, or termination of your access to the Services for any reason, Company may, but is not obligated to, delete any of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Company or you. Termination will not limit any of Company’s other rights or remedies at law or in equity.
8.3. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Company for which monetary damages would not be an adequate remedy and Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
8.4. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
8.5. No Legal, Tax, or Accounting Advice. Any information provided by or on behalf of us through the App (including these Terms) is for informational purposes only and should not be construed as professional, accounting, tax or legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or on any information provided by or on behalf of us through the App. Before you make any decision to purchase or sell any digital asset or other asset, or to activate any AI Agent, you should consider seeking independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
8.6. No Waivers. No failure or delay on our part in the exercise of any power, right, privilege or remedy under these Terms shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. We shall not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of us, and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
8.7. Certain Restrictions. Company is prohibited from engaging in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations and U.S. sanctions regulations (“Export Control and Sanctions Laws”), including, without limitation, the prohibition against transactions with: (i) a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Belarus, Burundi, Democratic Republic of the Congo, Iran, Iraq, Lebanon, Libya, Nicaragua, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe, Russia, Cuba, North Korea, and the Crimea, Donetsk, and Luhansk regions of Ukraine), or (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists. You will not be permitted to access or use the Services, or to execute any Transaction through the Services, if we learn that such access, use, or Transaction would be in breach of Export Control and Sanctions Laws. Company reserves the right to suspend or terminate your access to the Services or to block or refuse to facilitate any Transaction if Company determines, in its sole discretion, that such access, use, or Transaction may violate applicable Export Control and Sanctions Laws or the restrictions set forth in this Section. You are strictly prohibited from using any virtual private network (“VPN”), proxy server, anonymization service, or any other technology, tool, or technique to conceal or misrepresent your geographic location or identity, circumvent the restrictions set forth in this Section, or otherwise evade or attempt to evade any restrictions or prohibitions imposed under these Terms.
8.8. Force Majeure. Company will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing the Services, including operating the App, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God, flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.
8.9. Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced under the laws of the State of Delaware as applicable, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, the courts located in Delaware will have exclusive jurisdiction. You waive any objection to venue in any such courts.
8.10. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Company but may not be assigned by you without the prior express written consent of Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
8.11. How to Contact Us. You may contact us regarding the Services or these Terms by e-mail at team@catalyst.app.