These Terms of Use (“Terms”) are an agreement between you and Katapult Engineering, Inc. (“Katapult,” “we,” “our,” or “us”). They govern your access to and use of katapultengineering.com, including any content, functionality, and services offered on or through it (the “Site”), whether as a guest or a registered user.
Please read these Terms carefully before you use the Site. By using the Site, you accept and agree to be bound by these Terms and by the Privacy Policy that applies to you, as described in Section 3. If you do not agree to these Terms, do not use the Site.
The Site is offered to users who are 18 years of age or older. By using the Site, you represent that you are of legal age to form a binding contract with Katapult.
These Terms govern the Site only. They do not govern Katapult Pro, our software platform, or anything you access at katapultpro.com or through a Katapult Pro account.
Your use of Katapult Pro is governed by the SaaS Agreement between Katapult and the customer organization that administers your account, by the Katapult Pro End User License Agreement, and by the Katapult Pro Privacy Policy applicable to the server you access (together, the “Platform Agreements”). If anything in these Terms conflicts with the Platform Agreements as applied to Katapult Pro, the Platform Agreements control.
Nothing in these Terms grants Katapult any right in Customer Data, as that term is defined in the SaaS Agreement, or alters the allocation of rights in Customer Data, Provider IP, or Aggregated Statistics under the SaaS Agreement.
Katapult publishes two versions of its Site privacy policy, one for visitors located in the United States and one for visitors located in Canada. Both are available at katapultengineering.com/privacy-policy, and the version that applies to you depends on where you are located (the “Privacy Policy”). All information we collect through the Site is handled as described in the applicable Privacy Policy.
Visitors in Canada may direct privacy inquiries to our Privacy Officer using the contact information in Section 21.
When you use the Site or send us email, you are communicating with us electronically. You agree that we may provide notices, disclosures, and other communications relating to the Site or these Terms electronically, by email or by posting on the Site, and that those electronic communications satisfy any legal requirement that they be in writing.
These Terms are not a consent to receive marketing or other commercial electronic messages. We send marketing communications only where we have your consent or are otherwise permitted by applicable law, including Canada’s Anti-Spam Legislation for recipients in Canada. We obtain that consent separately from these Terms, as described in the applicable Privacy Policy, and every marketing message we send includes a way to unsubscribe.
Sending us an email or submitting a form on the Site does not, by itself, create a business, contractual, or professional relationship between you and Katapult.
We may revise these Terms from time to time in our sole discretion. Changes are effective when we post them and apply to all access to and use of the Site thereafter, except that changes to Section 17 (Governing Law and Disputes) will not apply to any dispute of which the parties had actual notice before the change was posted.
Your continued use of the Site after we post revised Terms means you accept and agree to the changes. The effective date at the top of these Terms indicates when they were last revised, and you are expected to check this page from time to time so you are aware of any changes.
We may withdraw or amend the Site, and any service or material we provide on it, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Site to users, including registered users.
You are responsible for making all arrangements necessary for you to access the Site, and for ensuring that anyone who accesses the Site through your internet connection is aware of these Terms and complies with them.
If you register for an account or are provided with a user name, password, or other credential for any part of the Site, you must treat that information as confidential and must not share it with anyone else. You agree to notify us promptly at support@katapultengineering.com of any unauthorized access to or use of your credentials. All information you provide to register is subject to the applicable Privacy Policy and must be accurate, current, and complete.
We may disable any user name, password, or other credential at any time if, in our reasonable judgment, you have violated these Terms.
The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of them) are owned by Katapult, its licensors, or other providers of that material and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.
You may access and use the Site for your personal use and for the internal business purpose of learning about, evaluating, or doing business with Katapult. In connection with those uses, you may:
(a) view the Site, and allow your computer to store copies of Site materials in RAM or in your browser cache incidentally to viewing them;
(b) print or download a reasonable number of pages of the Site for those uses, and not for further reproduction, publication, or distribution;
(c) download any resource we expressly make available for download, subject to any terms that accompany it; and
(d) use any social media sharing features we provide, solely as they are provided by us and with respect to the content they are displayed with.
Except as permitted above, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Site. You must not modify copies of any Site materials, use any illustration, photograph, video, or graphic separately from its accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notice. You must not use any part of the Site, or any services or materials available through it, for commercial purposes other than as permitted above. Requests for other uses may be sent to support@katapultengineering.com.
If you use any part of the Site in breach of these Terms, your right to use the Site stops immediately and you must, at our option, return or destroy any copies of Site materials you have made. No right, title, or interest in the Site or any of its content is transferred to you, and all rights not expressly granted are reserved by Katapult.
KATAPULT is a registered trademark of Katapult Engineering, Inc. The Katapult name and logo, KATAPULT PRO, and all related names, logos, product and service names, designs, and slogans are trademarks of Katapult or its affiliates or licensors. You must not use those marks without Katapult’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
(a) in any way that violates any applicable federal, state, provincial, local, or international law or regulation, including laws governing the export of data or software to or from the United States or Canada;
(b) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar solicitation;
(c) to impersonate or attempt to impersonate Katapult, a Katapult employee, another user, or any other person or entity;
(d) to exploit, harm, or attempt to exploit or harm minors in any way; or
(e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that, as determined by us, may harm Katapult or users of the Site or expose them to liability.
You also agree not to:
(a) use the Site in any manner that could disable, overburden, damage, or impair it, or interfere with any other party’s use of it;
(b) use any robot, spider, scraper, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of its material, other than a search engine indexing publicly available pages in accordance with our robots.txt file;
(c) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
(d) use any device, software, or routine that interferes with the proper working of the Site;
(e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which it is stored, or any server, computer, or database connected to it;
(g) attack the Site through a denial-of-service or distributed denial-of-service attack; or
(h) otherwise attempt to interfere with the proper working of the Site.
The Site allows you to submit information to us through contact forms, demo requests, newsletter sign-up, and similar features. Information you submit is handled under the applicable Privacy Policy. You represent that the information you submit is accurate and that you have the right to provide it.
If you send us ideas, suggestions, or other feedback about the Site or our products and services (“Feedback”), you grant Katapult a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback for any purpose, without compensation or attribution to you. Feedback does not include Customer Data, and this license does not extend to anything you submit through Katapult Pro, which is governed by the Platform Agreements described in Section 2.
The Site does not currently offer forums, comment sections, or other interactive features for posting content to other users. If we add such features, we may post additional terms that govern them, and those terms will be incorporated into these Terms by reference.
The information on the Site, including any white papers, case studies, product descriptions, specifications, and other resources available for download, is made available for general informational purposes only. It is not engineering, legal, financial, or other professional advice, and it is not a substitute for the judgment of a licensed professional applied to the facts of your specific project. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on Site materials by you or by anyone who may be informed of their contents.
The Site may include content provided by third parties, including guest contributors, licensors, and other providers. Statements and opinions expressed in those materials are solely the opinions and responsibility of the person or entity providing them and do not necessarily reflect the opinion of Katapult.
We may update the content on the Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update it.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval, or endorsement on our part without our express written consent, and you must not cause the Site or any portion of it to be displayed on, or appear to be displayed by, any other site, whether by framing, deep linking, or in-line linking. We may withdraw linking permission at any time without notice.
If the Site contains links to other sites and resources provided by third parties, those links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked from the Site, you do so entirely at your own risk and subject to the terms and conditions of use for that website.
Katapult is based in the Commonwealth of Pennsylvania in the United States. The Site is offered to users located in the United States and Canada. We make no representation that the Site or any of its content is accessible or appropriate outside those countries. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
Katapult complies with the privacy and data protection laws that apply to it in each jurisdiction in which it offers the Site, including the Personal Information Protection and Electronic Documents Act (PIPEDA) with respect to visitors in Canada, as described in the applicable Privacy Policy.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KATAPULT NOR ANY PERSON ASSOCIATED WITH KATAPULT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, OR THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, KATAPULT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KATAPULT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITE LINKED TO IT, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COLLECTIVE LIABILITY OF KATAPULT, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
The limitations in this Section do not apply to liability resulting from Katapult’s gross negligence, willful misconduct, or fraud, or to any liability that cannot be excluded or limited under applicable law, including, where the Civil Code of Québec applies, liability for bodily or moral injury or for intentional or gross fault.
All matters relating to the Site and these Terms, and any dispute or claim arising from or related to them (including non-contractual disputes or claims), are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any other jurisdiction.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the United States District Court for the Middle District of Pennsylvania or the courts of the Commonwealth of Pennsylvania, in each case located in or near York County, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
To the fullest extent permitted by applicable law, any dispute between you and Katapult will be resolved on an individual basis, and you agree not to bring or participate in any class, collective, or representative proceeding against Katapult relating to the Site or these Terms. This paragraph does not apply where the law of your place of residence prohibits it.
Nothing in this Section deprives you of the protection afforded by mandatory provisions of consumer protection or data privacy legislation in the jurisdiction in which you reside, to the extent those provisions cannot be waived or overridden by contract.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THAT CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold harmless Katapult, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site other than as expressly authorized in these Terms, including any use of information obtained from the Site.
No waiver by Katapult of any term or condition set out in these Terms will be deemed a further or continuing waiver of that term or condition or a waiver of any other term or condition, and any failure of Katapult to assert a right or provision under these Terms will not constitute a waiver of that right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms continue in full force and effect.
These Terms and the applicable Privacy Policy constitute the sole and entire agreement between you and Katapult regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. They do not supersede or modify the Platform Agreements or any other written agreement between you or your organization and Katapult, each of which controls with respect to its own subject matter.
It is the express wish of the parties that these Terms and all related documents be drawn up in English. Il est la volonté expresse des parties que les présentes conditions et tous les documents qui s’y rattachent soient rédigés en anglais.
The Site is operated by Katapult Engineering, Inc., 19 N. Baltimore Street, Dillsburg, PA 17019. Questions, comments, and requests relating to the Site or these Terms should be directed to support@katapultengineering.com.
Privacy inquiries, including requests under PIPEDA from visitors in Canada, should be directed to our Privacy Officer at privacy@katapultengineering.com.
Notices of claimed copyright infringement relating to material on the Site should be sent to legal@katapultengineering.com with “Copyright Notice” in the subject line and should include the information required by 17 U.S.C. § 512(c)(3).
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