Legal · Terms
Terms of Service.
The agreement between you and Trade Catalyst Inc. governing your use of our website and Platform, including participation in the Catalyst Challenge — a simulated, skill-based trading evaluation.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Trade Catalyst Inc., a Delaware corporation, doing business as Catalyst ("Catalyst," "Company," "we," "us," or "our"). By accessing or using the Catalyst platform, website, or any related services (collectively, the "Platform" or "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Platform.
The Platform is accessible at tradecatalyst.com. These Terms govern your participation in the Catalyst Challenge, a skill-based trading evaluation (the "Catalyst Challenge," "Challenge," "evaluation," or "Product"). Your continued use of the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your information. By using the Platform, you acknowledge that you have read and understand the Privacy Policy. The Privacy Policy is incorporated into and made a part of these Terms.
As used in these Terms, "Product" refers to Catalyst's skill-based trading evaluation service, including all evaluation levels, performance assessments, and award determinations. "Platform" refers to the software, website, application, and dashboard through which the Product is accessed and delivered. The Product is what the Customer purchases; the Platform is how and where it is conducted.
These Terms also incorporate, by reference, all operational rules, policies, procedures, and guidelines published by Catalyst or made available through the Platform, including the Catalyst Program Rules (which set forth the level structure, advancement requirements, loss limits, time periods, fees, payouts, and other operational terms of the Catalyst Challenge), available at help.tradecatalyst.com, and any future modifications or updates to any of the foregoing. The Terms, the Privacy Policy, and these incorporated documents together form the entire agreement between you and Catalyst regarding your use of the Services. In the event of any conflict between these Terms and any incorporated document, these Terms shall control unless the incorporated document expressly states otherwise.
As used in these Terms, "award" or "awards" refers to the fixed cash amounts earned upon successful completion of evaluation levels. Awards are referred to on the Platform as "payouts." The terms are used interchangeably throughout these Terms and all incorporated documents.
ELECTRONIC ACCEPTANCE. BY CLICKING ANY BUTTON OR CHECKBOX INDICATING ACCEPTANCE, BY CREATING AN ACCOUNT, OR BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT SUCH ACTION CONSTITUTES YOUR ELECTRONIC SIGNATURE AND IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THESE TERMS. YOU CONFIRM THAT YOU HAVE RECEIVED, READ, AND UNDERSTOOD THESE TERMS AND ALL DOCUMENTS INCORPORATED HEREIN BY REFERENCE.
Section 01
Product definition
1.1 Catalyst operates a skill-based trading evaluation service (the Product), accessible through the Platform. Customers train and complete performance evaluations in a simulated environment using real prediction market data.
1.2 The Product does not involve live trading, proprietary trading, or brokerage services. No real financial assets are traded.
1.3 Customers pay a one-time fee for access to the Product, which includes a simulation account and evaluation. There are no subscriptions or recurring charges. When you provide payment information, our third-party payment processor may store your payment method in its PCI-compliant vault and return a tokenized reference to Catalyst to facilitate future purchases. Catalyst may add, change, or use multiple payment processors at any time without notice. You may request removal of your stored payment method at any time by contacting support@tradecatalyst.com. Awards deposited to a Customer's in-platform wallet represent a pending obligation by Catalyst to disburse funds upon a valid withdrawal request and are available for withdrawal at any time, subject to the requirements of Section 9. The wallet is not a stored-value account, prepaid account, or deposit account.
1.4 Service delivery commences immediately upon completion of checkout. The Product is digital and does not involve physical delivery. By completing your purchase, you expressly request that Catalyst begin performance of the Services immediately and you acknowledge that you will lose any right of withdrawal or cooling-off period available under applicable law, including the European Union Consumer Rights Directive (Directive 2011/83/EU), the United Kingdom Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), or equivalent local law, once performance of the Services has begun.
1.5 Customers may optionally reset their evaluation to restart the level. Resets are a one-time payment and constitute a new purchase of the Product.
Section 02
Evaluation and award structure
2.1 Award structure
Awards are fixed, predetermined cash amounts disclosed to the Customer at the time of purchase. Awards are not profit splits, are not tied to simulated profits, and are not based on ongoing performance. There are no partial, prorated, or discretionary awards. All evaluation awards are funded solely by Catalyst; no third-party funding partners are involved. Simulated account balances, positions, and funds are fictitious; the Customer has no right, title, or ownership interest in any simulated account property.
2.2 Award eligibility
All simulated trading must occur on the Platform; activity on external platforms is not eligible for award determination. Awards are issued solely as a post-evaluation incentive upon successful completion of the evaluation requirements. Eligibility for awards requires an active account in good standing that was not opened using promotional codes designated as non-award-eligible or any method that circumvents the standard purchase process. Award payments shall be issued only to the individual who completed the evaluation and made the original purchase. The name on the account must match the verified identity obtained through KYC procedures and the payment method used at time of purchase. Awards are personal to the Customer who earned them, non-transferable, and non-assignable. Payments to accounts or individuals with mismatched names are not permitted.
2.3 Award issuance and wallet
Award determination is immediate upon completion of evaluation requirements. Awards shall be deposited to the Customer's in-platform Catalyst wallet within three (3) business days. Withdrawals from the Catalyst wallet shall be processed within five (5) business days of a properly submitted withdrawal request, subject to the pre-withdrawal requirements set forth in Section 9.
2.4 Catalyst's rights and rule violations
Catalyst reserves the right to deny, withhold, or revoke award eligibility for rule violations, breach, fraud, or misconduct, including retroactively if prohibited conduct is discovered after award determination. A rule violation constitutes an evaluation failure at the moment it occurs, regardless of when the system detects or processes it. Delays in automated enforcement do not waive the violation or entitle the Customer to continued trading on a technically failed evaluation. Any trades executed, profits accrued, or award eligibility obtained after the point of violation may be reversed. Catalyst reserves the right to offset or deduct from award amounts any losses or damages caused by the Customer's breach, fraud, or misconduct, and to cancel, revoke, or withhold any award for violations of these Terms, whether or not the violation is related to the evaluation in which the award was earned.
2.5 Withdrawal conditions
All withdrawals are contingent upon successful completion of applicable identity verification, sanctions screening, tax documentation, and compliance procedures as set forth in Section 5 and Section 9.
Section 03
Account rules
3.1 Each Customer is limited to one (1) active evaluation account at a time.
3.2 Account resets are permitted in accordance with the Catalyst Program Rules, available at help.tradecatalyst.com. Reset availability, timing, and fees are set forth in the Program Rules and may be modified by Catalyst at any time.
3.3 Accounts are available to individuals only. Business entity accounts are not permitted.
3.4 The Customer is directly obligated to pay the one-time evaluation fee at the time of purchase.
3.5 Each account is personal, non-transferable, and non-assignable. Login credentials shall not be shared with any third party.
3.6 Catalyst is authorized to act on all instructions received through the Customer's account.
3.7 Catalyst reserves the right to deny access or block transactions without prior notice.
3.8 Catalyst reserves the right to implement an inactivity or dormancy policy and to close accounts that have been inactive for a period determined at Catalyst's sole discretion.
Section 04
Eligibility
4.1 You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is higher, to use the Platform.
4.2 You are solely responsible for determining the legality of your use of the Product in your jurisdiction. Catalyst makes no representation that the Product or any aspect of the Services is appropriate, available, or legally permitted for use in any particular jurisdiction.
4.3 By creating an account, you represent and warrant that you are not designated on any U.S. government prohibited persons list, including the Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List ("SDN List"); that you are not located in a comprehensively sanctioned country or territory; and that you are not acting on behalf of any sanctioned entity or individual.
4.4 Prohibited jurisdictions are enforced via IP address, billing address, and country selection at signup. A current list of prohibited jurisdictions is available at help.tradecatalyst.com. Catalyst reserves the right to restrict availability to any person, geographic area, or jurisdiction at its sole discretion.
4.5 Current and former employees, officers, directors, and contractors of Catalyst are prohibited from maintaining Customer accounts.
4.6 Competitors are prohibited from accessing the Platform or purchasing the Product without prior written consent from Catalyst.
4.7 Customer representations
By purchasing the Product or using the Platform, you represent and warrant that: (a) you have not received any assurance or guarantee of expected success, results, or profits from participating in the evaluation; (b) your participation is solely for your own individual benefit and not on behalf of any other person or entity; (c) all information you provide to Catalyst is complete and accurate, and you will promptly notify Catalyst of any changes; (d) simulated capital is not real currency, and you have no right to it beyond the scope of the evaluation; (e) simulated performance is not indicative of results in real markets, and past performance is not a guarantee of future outcomes; and (f) your account is registered under your own legal name, you are the sole beneficial user of the account, and you will not permit any other person to access or operate the account on your behalf.
Section 05
Identity verification, sanctions, and compliance
5.1 Identity verification
Identity verification and tax documentation are required upon the Customer's first withdrawal request and are not conducted at account registration. For U.S. Customers eligible for ACH disbursement, Catalyst conducts identity verification directly. Information collected includes full legal name, date of birth, residential address, email address, telephone number, government-issued photo identification, and bank account verification through a third-party verification provider. Verification is performed through third-party compliance providers, with manual review applied to flagged or elevated-risk submissions. For international Customers, identity verification and anti-money laundering screening are conducted by Catalyst's third-party compliance provider, which performs its own AML/KYC procedures and issues applicable tax documentation. Failure to complete identity verification or required tax documentation shall result in withholding of any withdrawal request. For details on how this information is collected, used, and shared, see the Privacy Policy.
5.2 Sanctions screening
Screening against OFAC and applicable sanctions lists is performed via third-party compliance tools prior to any disbursement, with manual review of potential matches. IP geoblocking is applied for prohibited jurisdictions at the time of account registration. No awards shall be issued to sanctioned or restricted individuals, entities, or jurisdictions. Catalyst reserves the right to deny or withhold awards where legal, regulatory, or compliance requirements are not satisfied.
5.3 Broader sanctions and export controls
In addition to OFAC screening, Catalyst may screen against other applicable restricted party lists, including but not limited to the U.S. Department of Commerce Bureau of Industry and Security ("BIS") Entity List, the U.S. Department of State Nonproliferation Sanctions lists, the European Union Consolidated Sanctions List, the United Kingdom Office of Financial Sanctions Implementation ("OFSI") Consolidated List, and the United Nations Security Council Consolidated List. You represent and warrant that you are not (a) located in, organized under the laws of, or a resident of any country or territory that is the subject of comprehensive sanctions, including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine; (b) identified on any applicable restricted party list; or (c) owned or controlled by, or acting on behalf of, any person or entity identified on any such list. Catalyst reserves the right to deny, suspend, or terminate access to the Platform or withhold any award where it determines, in its sole discretion, that providing services would violate applicable sanctions, export controls, or anti-money laundering laws.
Section 06
Fraud monitoring
6.1 Catalyst employs fraud monitoring measures including, but not limited to: device fingerprinting and IP intelligence, duplicate and linked account detection, behavioral risk scoring, velocity and abuse monitoring, chargeback and dispute monitoring, shared device and network analysis, coordinated trading pattern detection, and manual compliance review.
6.2 You acknowledge and agree to Catalyst's use of these fraud detection and prevention measures as a condition of using the Platform. For details on how information collected through fraud monitoring is used, stored, and shared, see the Privacy Policy.
Section 07
Prohibited conduct
The following conduct is prohibited. Violation of any provision in this Section may result in immediate account termination, forfeiture of any pending or future awards, and a permanent ban from the Platform.
Platform exploitation
7.1 Exploiting the simulated environment to gain an advantage that would not exist in live prediction market trading, including: (a) employing strategies designed to exploit favorable conditions inherent to the simulation; (b) reverse-engineering, probing, or testing the Platform to identify exploitable behaviors; or (c) exploiting any bug, glitch, error, latency, or unintended behavior in the Platform, whether or not such exploitation is disclosed to Catalyst.
7.2 Using any trading strategy intended to exploit or create errors in the Platform, including errors in the display of prices or delays in their updates, or using external or slow data feeds to gain an informational advantage over the Platform's pricing.
7.3 Using AI, bots, ultra-high-speed trading tools, copy-trading platforms, mirror trading software, or mass data entry tools to manipulate or abuse the Platform, or entering into pre-arranged agreements with other Customers to replicate strategies.
7.4 Circumventing geographic restrictions by any means, including using a virtual private network (VPN) or virtual private server (VPS) to circumvent geographic restrictions, conceal identity, evade account suspensions or bans, or facilitate promotional code abuse. Use of a VPN or VPS for such purposes may result in immediate termination and forfeiture.
7.5 Trading on behalf of any other individual or entity, or sharing evaluation awards as part of any business arrangement.
7.6 Coordinated trading activity across multiple accounts, whether owned by the same individual or coordinated with others, including operating from common devices, IP addresses, or network infrastructure, or performing trades alone or in concert with others the purpose of which is to manipulate, abuse, or confer an unfair advantage.
Prediction market-specific prohibited conduct
7.7 Engaging in any of the following: (a) placing offsetting positions on the same market, including simultaneously holding YES and NO contracts on the same market, or entering an opposite-side position to neutralize or lock in simulated profit on an existing position; (b) exploiting settlement timing or known event outcomes to generate artificially inflated returns; (c) timing trades to coincide with known contract settlements; (d) trading on the outcome of a real-world event after the outcome is publicly known or determinable but before such outcome is reflected in the Platform's prices; or (e) engaging in any other trading activity designed to meet evaluation targets while avoiding genuine exposure to price movement in the simulated environment.
7.8 Wash trading, artificially inflating trade count through non-substantive or de minimis transactions, or correlated account hedging across multiple accounts.
7.9 Circumventing evaluation targets, rules, loss limits, or position size limits. A loss limit breach constitutes an immediate evaluation failure regardless of subsequent account recovery.
Account access
7.10 Permitting any third party to access, operate, or trade on your account, including through remote access software, signal execution services, or account management arrangements, whether compensated or not.
Conduct toward personnel
7.11 Threatening, harassing, or directing abusive, discriminatory, or violent language toward Catalyst employees, contractors, or support personnel. Catalyst reserves the right to immediately terminate access to the Platform without prior warning for any such conduct.
General
7.12 Catalyst reserves the right, in its sole discretion, to determine that any conduct constitutes uncommercial activity, is intended to game the evaluation, is not a viable trading strategy, or does not represent responsible trading, and to take any remedial action it deems appropriate.
7.13 Remedial actions available to Catalyst include, without limitation: removal of profits, deletion of trades, account resets, suspension or termination of access, and permanent bans.
Section 08
Refund policy
8.1 Refunds are available within fourteen (14) days of purchase, provided the Customer has not placed any trades on the account.
8.2 Once any evaluation activity occurs, including simulated trades or dashboard access, the service is deemed fully performed and the fee is non-refundable.
8.3 No refunds shall be issued based on evaluation outcomes, including failure to qualify for an award.
8.4 Filing an unjustifiable chargeback or payment dispute constitutes a material breach of these Terms. Catalyst reserves the right to terminate all services and refuse future service to any Customer who initiates an unjustifiable chargeback.
Section 09
Payouts
9.1 Pre-withdrawal requirements
No withdrawal shall be processed from the Customer's Catalyst wallet until the Customer has completed, to Catalyst's satisfaction, (a) all applicable identity verification (KYC) procedures described in Section 5 and (b) all required tax documentation, including without limitation IRS Form W-9 for U.S. persons or the applicable IRS Form W-8 series for non-U.S. persons, and any additional tax forms required by Catalyst's third-party payout processor or by applicable law. Catalyst may withhold withdrawal, in whole or in part, pending completion of these requirements.
9.2 U.S. Customers shall receive award disbursements via ACH to a verified bank account through Catalyst's third-party payout processor.
9.3 International Customers shall receive award disbursements through Catalyst's third-party payout processor. Catalyst does not custody digital assets or provide cryptocurrency trading services.
9.4 Catalyst's obligation with respect to award disbursement is fulfilled upon initiation of the transfer to Catalyst's third-party payout processor. Upon such transfer, Catalyst shall have no further liability, to the extent permitted by applicable law, for payment timing, delivery method, currency conversion, fees assessed by the payout processor or the Customer's financial institution, or any other aspect of fund delivery. As of the date of these Terms, Catalyst's third-party payout processor is Dots (dots.dev). Dots also conducts identity verification (KYC) and anti-money laundering (AML) screening, collects and stores tax documentation (including IRS Forms W-9 and W-8), and remits IRS Form 1099 tax reporting on Catalyst's behalf where required by applicable law. By requesting a withdrawal, you authorize the collection and processing of your personal information by Dots for these purposes, subject to Dots' privacy policy and terms of service, available on its website. Catalyst reserves the right to change payout processors at any time upon notice to affected Customers.
9.5 Any dispute regarding disbursement timing, delivery, or processing after Catalyst has transferred funds to its third-party payout processor shall be directed to the payout processor. Catalyst shall cooperate reasonably to assist in resolving such disputes but bears no independent liability.
Section 10
Non-disparagement
10.1 Nothing in these Terms restricts, limits, or prevents you from posting honest consumer reviews or sharing truthful opinions about Catalyst, its products, or its services. This includes all rights protected under the Consumer Review Fairness Act (15 U.S.C. § 45b) and similar laws. Catalyst reserves all available legal remedies for statements that are knowingly false and materially defamatory.
10.2 This Section shall not restrict (a) truthful statements made in response to a lawful subpoena or court order, (b) good faith reports to any regulatory body, or (c) statements made in connection with legitimate dispute resolution under Section 13 of these Terms.
Section 11
Promotional codes and referral programs
11.1 Catalyst may, from time to time, issue promotional codes, discount codes, or similar offers ("Promotional Codes"). Promotional Codes are personal to the recipient, non-transferable, and may not be sold, published, or distributed without Catalyst's prior written consent.
11.2 Promotional Codes may be subject to additional terms, expiration dates, and usage limitations as specified at the time of issuance.
11.3 Catalyst reserves the right to void, revoke, or modify any Promotional Code at any time for any reason, including suspected abuse, fraud, or violation of these Terms.
11.4 Promotional Codes may not be combined, stacked, or applied retroactively unless expressly permitted.
11.5 Catalyst reserves the right to terminate any Customer account that engages in promotional code abuse, including the creation of multiple accounts to exploit promotional offers.
Section 12
Disclaimers and liability
12.1 Not a broker-dealer; not investment services
Catalyst is not a broker-dealer, futures commission merchant, commodity trading advisor, commodity pool operator, investment adviser, designated contract market, or exchange, and does not trade securities or prediction market contracts on behalf of Customers. The Product does not constitute investment advice. All services are provided for educational and informational purposes only and shall not be construed as financial, legal, regulatory, tax, or other professional advice.
12.2 Not a sweepstakes, lottery, contest, or gambling product
The Product is a skill-based performance evaluation service. Customers pay a fee for access to evaluation infrastructure and performance assessment conducted on the Platform. Evaluation outcomes and award eligibility are determined solely and exclusively by the Customer's demonstrated trading skill, analytical judgment, risk management decisions, and adherence to objective performance criteria disclosed at the time of purchase. No element of chance, randomness, luck, or aleatory contingency determines whether a Customer passes an evaluation or receives an award. The predominant factor in determining evaluation outcomes is the Customer's skill. The Product does not match participants against one another; each evaluation is assessed independently against fixed, objective criteria. Awards are fixed, predetermined amounts paid as compensation for demonstrated skill-based performance, not prizes distributed by random selection, chance-based outcomes, or relative ranking among participants. The Product is not a sweepstakes, lottery, raffle, contest, game of chance, prediction market, sports betting product, daily fantasy sports product, or gambling product of any kind. No purchase constitutes a wager, bet, or stake. Catalyst does not operate or facilitate any form of gambling, gaming, sports betting, or wagering activity as defined under any applicable federal, state, or international law, including but not limited to the Unlawful Internet Gambling Enforcement Act (31 U.S.C. §§ 5361-5367), the Wire Act (18 U.S.C. § 1084), or any state gambling, lottery, prize promotion, or skill-game statute. The Product is not available in jurisdictions where paid skill-based evaluations with cash awards are prohibited or require a license that Catalyst does not hold. It is the Customer's sole responsibility to determine whether use of the Product is lawful in their jurisdiction (see Section 4.2).
12.3 Simulated performance disclaimer
SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. TRADES ON THE PLATFORM ARE NOT EXECUTED IN LIVE MARKETS AND DO NOT RESULT IN ACTUAL PROFITS OR LOSSES. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS; UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING, AND BECAUSE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT AND MAY NOT ACCOUNT FOR ALL RISKS ASSOCIATED WITH LIVE TRADING. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN IN ANY SIMULATED ENVIRONMENT. THE PRODUCT SIMULATES PREDICTION MARKET TRADING AND DOES NOT CONSTITUTE, FACILITATE, OR PROVIDE ACCESS TO ACTUAL PREDICTION MARKET CONTRACTS, EXCHANGE-TRADED EVENT CONTRACTS, OR ANY FINANCIAL INSTRUMENTS REGULATED BY THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") OR ANY OTHER REGULATORY BODY. CATALYST MAKES NO REPRESENTATION THAT PERFORMANCE IN THE SIMULATED ENVIRONMENT IS PREDICTIVE OF, COMPARABLE TO, OR TRANSFERABLE TO PERFORMANCE IN ANY LIVE PREDICTION MARKET OR EXCHANGE.
12.4 Disclaimer of warranties
THE PLATFORM AND THE PRODUCT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CATALYST DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT USE OF THE PRODUCT IS LAWFUL IN ANY PARTICULAR JURISDICTION.
12.5 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATALYST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF ANTICIPATED REVENUE OR PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY. CATALYST'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM OR THE PRODUCT SHALL NOT EXCEED THE AMOUNT YOU PAID TO CATALYST FOR THE SPECIFIC EVALUATION GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY ARISING FROM CATALYST'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW.
12.6 Force majeure
Catalyst shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government action, power or internet failure, or third-party service disruptions.
12.7 Customer testimonials and results
Catalyst may share customer results, testimonials, or success stories in its marketing materials, social media, website, or other channels. Individual results depend on the customer's skill, experience, market conditions, and other factors. All trading on the Catalyst platform occurs in a simulated environment. Simulated trading results do not guarantee performance in any live market. Where a customer has received compensation or any benefit in exchange for a testimonial, Catalyst will disclose such relationship.
12.8 Platform risk disclosure
The Platform operates over the internet and relies on multiple interrelated systems, including hardware, software, data feeds, and network infrastructure, all of which are subject to failure, interruption, or malfunction. You acknowledge and accept that: (a) the Platform may experience downtime, latency, data feed delays, price display errors, order processing failures, or other technical disruptions; (b) during any period of Platform unavailability, it may not be possible to enter, modify, or cancel simulated trades, access account data, or view current market information; (c) simulated trade executions, order priority, and account data may be lost or corrupted as a result of system failures; (d) Platform imperfections, including delayed or erroneous price displays, do not create any entitlement to trades executed at erroneous prices, nor do they waive any provision of Section 7 (Prohibited Conduct); and (e) Catalyst bears no responsibility or liability for any effect on your evaluation, account, or trading activity caused by Platform disruptions, data feed issues, or system failures. You freely assume these risks as a condition of using the Platform.
Section 13
Dispute resolution
13.1 Governing law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
13.2 Mandatory arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Product shall be resolved exclusively through binding arbitration administered by JAMS, with the seat of arbitration in Wyandotte County, Kansas, in accordance with JAMS' Streamlined Arbitration Rules and Procedures then in effect. Arbitration may be conducted by telephone, video conference, or in person at the discretion of the arbitrator or upon request of either party. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, if you are a consumer located in a jurisdiction where mandatory pre-dispute arbitration agreements are unenforceable (including the European Economic Area, the United Kingdom, and certain Canadian provinces), this arbitration provision shall not apply to you, and any dispute shall be resolved in the courts of your country of residence in accordance with applicable local law.
13.3 Class action waiver
YOU AND CATALYST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Notwithstanding any other provision of these Terms, if the Class Action Waiver in this Section 13.3 is held unenforceable as to any Claim, then the Arbitration Provision in Section 13.2 shall be null and void with respect to that Claim, and that Claim shall proceed in a court of competent jurisdiction in Wyandotte County, Kansas. The Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Section 13.3. This Class Action Waiver applies to the maximum extent permitted by applicable law in your jurisdiction. The validity, enforceability, and interpretation of this Class Action Waiver shall be decided by a court of competent jurisdiction and not by an arbitrator.
13.4 Jury trial waiver
YOU AND CATALYST EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.
13.5 Prevailing party
The prevailing party in any arbitration or legal proceeding relating to these Terms shall be entitled to recover its reasonable costs and attorneys' fees.
13.6 Equitable relief
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
13.7 Delegation
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. Notwithstanding the foregoing, issues regarding the validity, enforceability, or interpretation of the Class Action Waiver in Section 13.3 shall be decided by a court of competent jurisdiction and not by an arbitrator.
Section 14
Indemnification
14.1 You agree to indemnify, defend, and hold harmless Catalyst and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your access to or use of the Platform or the Product; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any infringement of intellectual property rights; or (e) any dispute regarding your payment method.
Section 15
Data and content licensing
15.1 By using the Platform, you grant Catalyst a worldwide, perpetual, royalty-free license to use, reproduce, modify, analyze, distribute, and create derivative works from all trading data, activity data, and behavioral data generated through your use of the Platform (collectively, "Trading Data" as further described in the Privacy Policy) for Catalyst's internal business purposes, including product development, risk modeling, fraud prevention, platform improvement, machine learning and algorithm training, research, and business intelligence, subject to applicable privacy laws and the Privacy Policy. This license survives termination of your account. With respect to any Trading Data that constitutes personal information under applicable data protection law, this license is subject to your exercise of applicable data deletion rights as described in the Privacy Policy.
15.2 Catalyst may share Trading Data with its affiliates and service providers solely for the purposes described in Section 15.1. Catalyst may also use Trading Data in de-identified or aggregated form for any lawful business purpose, including licensing to third parties, provided that such de-identified or aggregated data cannot reasonably be used to identify any individual Customer.
15.3 The activities described in this Section may be performed automatically without further notice or consent.
15.4 For details on how Trading Data and other personal information is collected, used, stored, and shared, see the Privacy Policy.
Section 16
Intellectual property
16.1 All content, features, functionality, software, code, designs, text, graphics, logos, and trademarks on or associated with the Platform are the exclusive property of Catalyst or its licensors and are protected by applicable intellectual property laws.
16.2 You are granted a personal, nonexclusive, nontransferable, revocable, limited right to access and use the Platform and the Product solely for your personal, non-commercial evaluation participation as contemplated by these Terms.
16.3 You shall not reverse engineer, decompile, disassemble, scrape, or otherwise attempt to derive the source code, algorithms, pricing logic, data feeds, or underlying technology of the Platform. You shall not use any automated means to access, monitor, or copy any content or data available on or through the Platform except as expressly authorized by Catalyst in writing.
16.4 You shall not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Platform content without Catalyst's prior written consent.
16.5 Catalyst's name, logos, and all related marks are trademarks or common-law marks of Catalyst, with certain marks pending registration. No use of these marks is permitted without prior written authorization.
Section 17
Feedback assignment
17.1 Any feedback, suggestions, ideas, or other submissions you provide to Catalyst regarding the Platform ("Feedback") shall become the exclusive property of Catalyst. You hereby assign to Catalyst all right, title, and interest in and to any Feedback, including all intellectual property rights therein, without compensation or further obligation to you.
Section 18
User-generated content and community spaces
18.1 Catalyst may operate or facilitate community spaces, including but not limited to Discord servers, social media channels, forums, and comment sections (collectively, "Community Spaces"). Content posted by users in Community Spaces, including trading ideas, strategies, market commentary, and opinions, is generated solely by the individual user and does not represent the views, recommendations, or endorsements of Catalyst.
18.2 Catalyst does not verify, adopt, or assume responsibility for any user-generated content. Participation in Community Spaces is at your own risk. Nothing posted in a Community Space by any user constitutes investment advice or a recommendation to trade.
18.3 Catalyst reserves the right, but has no obligation, to monitor, edit, or remove content in Community Spaces at its sole discretion. Catalyst may establish and enforce community guidelines governing conduct in Community Spaces.
18.4 By posting content in any Community Space, you grant Catalyst a worldwide, perpetual, royalty-free, non-exclusive license to use, reproduce, modify, distribute, and display such content in connection with the operation of the Platform and Community Spaces.
Section 19
Third-party services
19.1 The Platform may integrate with, reference, or rely upon third-party products, services, or content. Catalyst is not responsible for and makes no representations or warranties regarding any third-party products or services used in connection with the Platform, including their availability, accuracy, or security.
19.2 Your use of any third-party service is governed by that third party's terms and policies, not these Terms.
Section 20
Modification of terms
20.1 Catalyst reserves the right to modify these Terms at any time. For material changes, Catalyst will provide at least thirty (30) days' advance notice by email to the address associated with your account, by in-Platform notification, or by posting on the Platform. Non-material changes shall be effective upon posting to the Platform. Customers who do not agree to material changes may withdraw any available wallet balance before the effective date of such changes.
20.2 Your continued use of the Platform or the Product following any modification constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform and the Product.
Section 21
21.3 Upon termination, the following provisions shall survive and remain in full force and effect: Sections 2 (Evaluation and Award Structure), 7 (Prohibited Conduct), 10 (Non-Disparagement), 12 (Disclaimers and Liability), 13 (Dispute Resolution), 14 (Indemnification), 15 (Data and Content Licensing), 16 (Intellectual Property), 17 (Feedback Assignment), and 18 (User-Generated Content and Community Spaces).
Termination
21.1 You may terminate your account at any time by contacting Catalyst. No refund of fees shall be issued upon termination.
21.2 Catalyst may terminate or suspend your access to the Platform and the Product at any time, with or without cause, at its sole discretion. Catalyst will provide notice of termination where practicable. Upon termination by Catalyst without cause, any earned, undisbursed award amounts in the Customer's wallet shall remain payable, subject to the pre-withdrawal requirements of Section 9.
Section 22
General provisions
22.1 English language. All communications with Catalyst shall be conducted in English. These Terms are drafted in English, and the English language version shall control in the event of any conflict with a translation.
22.2 Entire agreement. These Terms, together with the Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Catalyst with respect to the Platform and the Product and supersede all prior agreements, understandings, and representations.
22.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
22.4 Waiver. Catalyst's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
22.5 Assignment. You may not assign or transfer these Terms or any rights hereunder without Catalyst's prior written consent. Catalyst may assign these Terms without restriction.
22.6 Notices. Catalyst may provide notice to you by posting on the Platform, by email to the address associated with your account, or by other reasonable means. You are responsible for maintaining current contact information.
22.7 No agency. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and Catalyst. You have no authority to bind Catalyst in any manner.
22.8 Headings. Section headings are included for convenience of reference only and shall not affect the interpretation of these Terms.
Section 23
Contact
For questions regarding these Terms, please contact:
Trade Catalyst Inc. d/b/a Catalyst
8 The Green #24796
Dover, DE 19901
+1 (888) 623-5137