1. Acceptance of Terms

These Website Terms of Use (these “Terms”) govern your access to websites and related services operated by or on behalf of Catapult Labs, LLC (“Catapult Labs” “we” or “us”). These Terms are important and affect your legal rights, so please read them carefully (including the arbitration and class action waiver provisions). Note that Section 14 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing or using https://www.catapultlabs.com/ and our various related websites and services (collectively, the “Catapult Services”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.

You must be 18 years of age or older and reside in the United States or any of its territories to use the Catapult Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Catapult Services or any features provided therein.

By accessing or using the Catapult Services, you represent and warrant that you have not been previously suspended or removed from the Catapult Services or engaged in any activity that could result in suspension or removal from the Catapult Services.

You should not construe Catapult Labs’s publication of any content found on the Catapult Services as an endorsement by Catapult Labs of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment or action made by the author of such content.

We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the Catapult Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the Catapult Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the Catapult Services. We strongly recommend that you periodically visit this page to review these Terms.

2. User Registration

In order to access and use certain areas or features of the Catapult Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.

You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Catapult Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Catapult Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the Catapult Services.

By providing information and/or answering questions, you also consent to receive electronic communications from Catapult Labs (e.g., via email or by posting notices to the Catapult Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3. Right to Access and Use the Catapult Services and Content

Unless otherwise indicated in writing by us, the Catapult Services and all content and other materials contained therein, including, without limitation, any Catapult Labs service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Catapult Labs or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Catapult Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Catapult Services or Content under these Terms, or any other rights thereto other than to use the Catapult Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.

You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Catapult Services or Content, (b) distribute, publicly perform or publicly display the Catapult Services or any Content, (c) modify or otherwise make any derivative uses of the Catapult Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Catapult Services or Content, except as expressly permitted by us, (f) use the Catapult Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Catapult Services or servers or networks used in connection with the Catapult Services; or (h) use the Catapult Services or Content other than for their intended purposes.

Any use of the Catapult Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Catapult Labs or any third party, whether by estoppel, implication or otherwise.

You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Catapult Services (or any features or parts thereof) at any time.

4. Trademarks

The Catapult Labs logo, and any other Catapult Labs product or service names, trademarks, logos, or other indicia that may appear on the Catapult Services (“Marks”) are the property of Catapult Labs or its subsidiaries, affiliates or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the Catapult Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Catapult Labs or such third party that may own such Marks.

5. Legal Requirements; Privacy Policy

Our Privacy Policy describes how we handle the personal information you provide to us when you use the Catapult Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.catapultlabs.com/legal?section=global-privacy.

6. User Content

You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Catapult Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Catapult Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Catapult Services.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Catapult Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Catapult Services at your sole cost and expense.

7. Rights in User Content

We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Catapult Services or to our pages or feeds on third-party social media platforms (e.g., Catapult Labs’s Facebook page, LinkedIn page or X formerly Twitter feed), you hereby grant Catapult Labs a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, Catapult Labs will only share personal information that you provide in accordance with our Privacy Policy.

You agree that Catapult Labs may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Catapult Labs, its customers or the public.

8. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Catapult Labs, or the Catapult Services (collectively, “Feedback”). Feedback shall become the sole property of Catapult Labs. Catapult Labs shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Third-Party Sites

We have not reviewed all of the websites linked to the Catapult Services and are not responsible for the content of any third-party pages, any other websites linked to the Catapult Services, or any products or services offered by third parties. Nothing in the Catapult Services, including, without limitation, any links to other websites, should be construed as an endorsement by Catapult Labs of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Catapult Labs reserves the right not to link, or to remove the link, to a particular website at any time.

Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Catapult Labs. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

10. Indemnification

You shall indemnify, hold harmless, and, at Catapult Labs’s option, defend Catapult Labs and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Catapult Labs resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Catapult Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Catapult Services or any of its features. You further agree that Catapult Labs shall have control of the defense or settlement of any third-party claims unless Catapult Labs exercises its option to require you to defend Catapult Labs. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Catapult Labs.

11. General Disclaimers

THE CATAPULT SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CATAPULT LABS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE CATAPULT SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE CATAPULT SERVICES. CATAPULT LABS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

CATAPULT LABS DOES NOT REPRESENT OR WARRANT THAT THE CATAPULT SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE CATAPULT SERVICES OR THE SERVERS THAT MAKE THE CATAPULT SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. CATAPULT LABS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE CATAPULT SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE CATAPULT SERVICES IS AT YOUR SOLE RISK. CATAPULT LABS DOES NOT WARRANT THAT YOUR USE OF THE CATAPULT SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. CATAPULT LABS SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE CATAPULT SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE CATAPULT SERVICES.

13. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CATAPULT LABS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE CATAPULT SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CATAPULT LABS, OR FROM EVENTS BEYOND CATAPULT LABS’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CATAPULT LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF CATAPULT LABS ARISING OUT OF OR IN ANY WAY RELATED TO THE CATAPULT SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE CATAPULT LABS’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CATAPULT LABS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND CATAPULT LABS AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE CATAPULT SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Catapult Labs agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Catapult Labs further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Catapult Labs are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Catapult Services. Further, unless both you and Catapult Labs agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

15. Class Action Waiver

REGARDLESS OF THE FORUM, YOU AND CATAPULT LABS 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 OR REPRESENTATIVE PROCEEDING.

16. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Catapult Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

17. Governing Law and Jurisdiction

Catapult Labs operates the Catapult Services from Arizona, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of Arizona, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Arizona shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in Arizona, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts.

18. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Catapult Labs at the following contact: hello@catapultlabs.com. Any notices to you may be made via either e-mail or postal mail to the address in Catapult Labs’s records or via posting on the Catapult Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

19. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

20. Miscellaneous

The Catapult Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and Catapult Labs relating to your access to and use of the Catapult Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of Catapult Labs. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Catapult Labs’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

1. Agreement

1.1 By accessing, downloading, installing, or using any software including content, updates and new releases (collectively the “Products”, each a “Product”) provided by Catapult Labs, LLC. (“Catapult Labs”) you, and, as the case may be, the entity or company that you represent (the “End User” or “You”), are agreeing to be bound by this End User License Agreement. The End User License Agreement, hereinafter referred as “Agreement”, gives you certain rights and responsibilities depending on the product license you selected, purchased or subscribed to, as more fully described herein.
The Agreement includes by reference Catapult Labs, LLC’s Global Privacy Policy Notice https://catapultlabs.com/legal/privacy, and any terms provided separately to you for the product, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, where applicable.

1.2 If you do not agree to the terms of this Agreement, do not install or attempt to use any of the Products.

2. License grant and restrictions

2.1 The Products enable remote teams with different capabilities to collaborate, stay in sync, follow up on tasks and encourage them to work in a more agile way. We grant you a license to deploy the Products solely for your internal business operations, as described in section 3. 
2.2 The Products include, but not limited to, Apps, add-ons, plugins and integrations for JiraTM, ConfluenceTM and Jira Service DeskTM. JiraTM, ConfluenceTM and Jira Service DeskTM, Freshworks, SlackTM, TrelloTM, and monday.comTM, which are provided either directly by Catapult Labs or by third party platforms (the “Platform Provider”). The Products are offered and provided through an online marketplace  of the Platform Provider"). Your use and purchase of these products through the Platform Providers is subject to the Terms and Conditions available by each Platform Provider, as well as those contained in this Agreement for the use of The Products
2.3 In providing the Products, Catapult Labs  may also provide products or access to services provided by third parties ("Third-Party Products"). The End User’s procurement or use of any Third-Party Products is regulated under separate agreements between the End User and the relevant third party. Catapult Labs, is not responsible for any Third-Party Products.
2.4  The Product is protected by copyright, trade secret, and other intellectual property laws. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, software code, text, files, audio recordings, video recordings, product names, company names, trademarks, logos and tradenames contained on or provided in the Products, including the manner in which the Products are presented or appear and all information relating thereto, are the property of their respective owners as indicated by the respective owners or Catapult Labs, LLC, as the case may be]. The copying, decompiling, redistribution, use, or publication by you of any part of the Products, except as contemplated by this Agreement, is strictly prohibited. You do not acquire ownership rights to any of the Products. The provision of any Products by Catapult Labs, LLC, or any other person or entity does not constitute a waiver of any right in such Products.
2.5 If you violate any of these terms, this Agreement and your license to use the Product may be terminated by Catapult Labs in its sole discretion.

3. License

3.1 Mandatory activation: To use any of the Products, you must activate them. You can activate a Product by inputting a license key.
3.2 Evaluation license: An evaluation license may be available by  the Platform Provider or directly by Catapult Labs, in which case by receiving an evaluation license key for a Product, Catapult Labs, grants the End User a one-time, non-exclusive, non-sub-licensable, license to use the Product received at the time of download or installation, for a thirty (30) day period commencing on the day the evaluation license key is received by the End User, or as otherwise provided by the Platform Provider. This is not a transfer of title. Any evaluation license is provided “AS IS” without support or warranty of any kind, express or implied. 
3.3 Data centre license: By purchasing a data center license key for a Product, Catapult Labs grants the End User a non-exclusive, non-sub-licensable, license to use the Product received at the time of download or installation, for the period of the subscription. This is not a transfer of title.
3.4 Server License: By purchasing a server license key for a Product, Catapult Labs  grants the End User a non-exclusive, non-sub-licensable, license to use the Product received at the time of download or installation. This is not a transfer of title.
3.5 Under any of the Licenses, You may not and shall not, without Catapult Labs'  express written authorization: (A) transfer any of the Licenses; (B) remove any copyright or other proprietary notations from the Products; (C) distribute the Products for any purpose, including, without limitation, compile an internal database of, redistribute, or reproduce the Products in any form; (C) permit any third party to benefit from the use or functionality of the Product via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; (D) Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicence, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Products in whole or in part, in any form or by any means whatsoever, be physical, electronic or otherwise; (E) Upload, host, use or access the Software via a timesharing, service bureau, virtualization, application hosting or other remote access arrangement; or (F) permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Catapult Labs  or its licensors or allow any third party to access the Products.
3.6 The End User may submit a request to transfer the Licenses by email to hello@catapultlabs.com Catapult Labs is not obligated to grant any such request, and Catapult Labs, LLC may deny any such request for any reason
3.7 Catapult Labs is not obligated to provide any authorization referred to in paragraph 3.6, Catapult Labs reserves the right to charge a fee for the grant of any such authorization, and Catapult Labs may cancel such authorization at its sole and unfettered discretion by providing notice to You of such cancellation.
3.8 The restrictions set out in this Agreement, including the restrictions listed at paragraph 3.5., shall not apply to the limited extent that the restrictions are prohibited by applicable law.

4. End User's use of products

4.1 The End User shall be solely and exclusively liable for: (A) All information and/ or data which the End User posts, uploads, transmits, processes, disseminates or otherwise shares with others by use of, or in connection with, the Products; (B) informing authorized users of the contents of the Agreement (e.g., including provisions regarding processing of personal data); (C) The results which the End User achieves by its use of the Products; (D) Any loss, damages, or costs incurred due to incompatibility between the Products or updates to them and any third-party Products the End User has installed or otherwise uses, and any other issues that may arise as a result of the interaction between the Products and third-party Products or similar products; (E) Any damage or liability to any party resulting from the End User’s use of the Products; and (F) Any unauthorized use of the Products.

4.2  The End User shall not: (A) Use the Products in any manner or for any purpose that violates this Agreement, any law or regulation, including but not limited to privacy rights and export laws, any right of Catapult Labs or any third party, including but not limited to intellectual property rights; (B) Sell, distribute, assign, license, transfer, monitor or copy all or any portion of the Products or any source or object code made available as part of the Products to any third party; (C) Reverse engineer, decompile, translate, alter, disassemble or create derivative works of the Products or parts of the Products or attempt to do any of the foregoing; (D) Interfere with or disrupt the Products; or (E) Rent, lease, loan or provide any other party access to the Products without Catapult Labs' pre-approval in writing.

5. Your privacy and personal information

5.1  The End User may opt out of promotions by sending an email to hello@catapultlabs.com. Requests to opt out may take thirty (30) calendar days to process.
5.2  The End User may disable the collection of anonymous analytics information through the Administration Module of the Products.

6.    Content

6.1  You are responsible for your Content within the subscribed services. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Product. You grant Catapult Labs a worldwide, royalty-free, non-exclusive license to host and use any content provided through your use of the subscribed services. You agree not to use the Product for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your content regularly and frequently. You are responsible for any content that may be lost or unrecoverable through your use of the subscribed services. You agree that you will not use the Software to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts immediately suspend or terminated, their financial data deleted, and we may also report to law enforcement officials in the appropriate jurisdictions. Catapult Labs is not responsible for the content or data you provide through your use of the Product. You agree not to use the Product to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to: (A) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law; (B) Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor); (C) Except as otherwise permitted by Catapult Labs in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; (D) Virus, trojan horse, worm or other disruptive or harmful software or data; and (E) Any information, software or content which yours is not legally and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

6.2 Catapult Labs may freely use feedback you provide. You agree that Catapult Labs may use your feedback, suggestions, or ideas in any way, including in future modifications of the Products, services, advertising or marketing materials. You grant Catapult Labs a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Catapult Labs in any way.We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

7.    Identification of End User in marketing

7.1  The End User grants Catapult Labs the right to identify the End User as a customer of Catapult Labs in promotional materials.

7.2 The End User grants Catapult Labs the right to use the End User’s logos and other trademarks to identify the End User in promotional materials. Catapult Labs receives no other rights to Your logos or other trademarks under this Agreement. All goodwill arising from use of your trademarks belongs to you. For clarity, nothing in this Agreement assigns ownership of any of your intellectual property rights to Catapult Labs.

7.3 The End User may revoke or deny Catapult Labs the rights granted in 7.1. and 7.2. at any time by submitting a written request to be excluded from promotional materials via email to hello@catapultlabs.com. Requests may take thirty (30) calendar days to process.

8.    Third-party software

8.1 The Products may contain software licensed to Catapult Labs from third parties, including software licensed under open-source licenses (“Third-party software”). Additional obligations may apply to any use of Third-party software outside of the Licenses granted under this Agreement. In such circumstances you must consult the relevant third party to acquire any necessary licenses and consent in relation to your use of the Third-party software.

8.2 The Products may use services provide by third parties, for example APIs and web services. Catapult Labs disclaims any liability for any failure or limitations of these APIs or services. The Platform Provider, may remove the API end points required for the Products to function properly. Catapult Labs disclaims any liability for the consequences of such actions by such third parties

9.    Links to other web services.

The Products may contain links to other websites and services. Catapult Labs is not responsible for the contents, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Catapult Labs  Inclusion of any linked website does not imply approval or endorsement of the linked website by Catapult Labs If you decide to access these third-party sites, you do so at your own risk.

10.    Support

10.1 For any Product which the End User has purchased maintenance through the Platform Provider or directly through Catapult Labs, Catapult Labs will provide online technical support to the End User during the purchased maintenance period.

10.2  The provision of online technical support is further governed by Catapult Labs' Service Level Agreement (the “SLA”). The SLA can be found at https://catapultlabs.com/legal/service-level-agreement/.

10.3   End Users who are entitled to online technical support may request support through Catapult Labs' support portal at https://planningpoker.atlassian.net/servicedesk/customer/portals

11.    Fees for Products.

For Products licensed on a payment or subscription basis, the following terms apply, unless Catapult Labs notifies you otherwise in writing. This Agreement also incorporates by reference payment terms provided to you for the Product:
11.1 We may charge a fee for use of all or some features of the Products. If at any time Catapult Labs does not charge a fee for any feature of any Product, Catapult Labs will in no way be barred from charging a fee for that feature in the future.
11.2  If Catapult Labs does charge a fee, the fee will be decided in the sole discretion of Catapult Labs. Catapult Labs  will provide notice to you if Catapult Labs  starts charging a fee for a feature or changes the amount of a fee for a feature.
11.3  We may terminate or suspend this Agreement due to lack of payment on your behalf, within 30 days of the date you have been invoiced. 

12.    Refusal of Products

12.1  Catapult Labs reserves the right, at its sole discretion, reserves the right to discontinue all support for the Products or subscribed services, and/or for any features, online or other services or content accessible through the respective subscribed services or Products in accordance with its current discontinuation policy.
12.2  Catapult Labs, can limit the provision of any product or service, including access to or use of any of the Products, to any person or entity, for any reason.
12.3 Catapult Labs., reserves the right to block any functionality of any Product for which an End User does not have a valid evaluation license key, Data center license key, or Server license key.

13.    Updates to the products.

Catapult Labs., reserves the right, in its sole discretion, to make any changes to the Products, including adding or removing any features of the Products.  Catapult Labs, has no obligation to update the Products, and the Products may be changed without notice to you.

14.    Evaluation licenses

14.1 Any Product licensed under an Evaluation license may only be used for internal evaluation purposes.
14.2   Each Evaluation license expires thirty (30) days after the End User receives a corresponding evaluation license key. Any Product or any feature of any Product activated with an evaluation license key may cease to operate upon expiration of the corresponding Evaluation license.
14.3    The End User may only obtain one Evaluation license per Product, unless otherwise authorized by Catapult Labs. The End User may request an additional Evaluation license or an extension of an Evaluation license through the Platform Provider Marketplace or by contacting Catapult Labs at hello@catapultlabs.com. Catapult Labs is not obligated to grant any such request, and Catapult Labs may deny any such request for any reason.

15.    Indemnification.

You agree to indemnify, defend and hold Catapult Labs and its shareholders, members, partners, employees, representatives, agents, lawyers, staff, affiliates, successors and assigns (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Products.

16.    Disclaimer and limitation of liability

16.1   YOUR USE OF THE SUBSCRIBED SERVICES AND CONTENT ACCESSIBLE THROUGH THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CATAPULT LABS, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SUBSCRIBED SERVICES IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SUBSCRIBED SERVICES. THE INFORMATION, FORMS, AGREEMENTS, LICENCES, MEDIA, CONTENT, DIGITAL DOWNLOADS, TANGIBLE PRODUCTS, GOODS AND SERVICES (THE "ITEMS") PROVIDED FROM OR THROUGH THE PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE ITEMS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CATAPULT LABS AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE ITEMS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CATAPULT LABS AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CATAPULT LABS. THE PRODUCTS AND THE ITEMS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
16.2   CATAPULT LABS AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SUBSCRIBED SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE IS IN ACCORDANCE WITH APPLICABLE LAW.
16.3   The Products may not be appropriate under the circumstances for any particular matter. No representations, warranties or guarantees whatsoever are made as to the effectiveness, completeness, adequacy, reliability, suitability, accuracy, correctness, or applicability of any of the Products to a particular situation.
16.4    All responsibility or liability for any damages caused by the Products, including, without limitation, damages caused by computer viruses or other malicious code contained within the Products is disclaimed.
16.5    Cap on Monetary Liability. OUR LIABILITY FOR ANY CLAIM UNDER OR ARISING OUT OF THIS EULA OR IN RELATION TO THE PRODUCTS WILL NOT EXCEED THE LESSER OF (A) LICENSE FEES YOU PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIM OR (B) five thousand dollars $5,000.00.

17.    Ability to accept the

Agreement. You affirm that You are 18 or more years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. The Products are not intended for individuals under 18. If you are under 18 years of age, then please do not use the Products.

18.    Ability to accept the Agreement

18.1    This Agreement is effective until terminated by Catapult Labs with or without cause, in Catapult Labs' sole and unfettered discretion. Catapult Labs, LLC, may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by Catapult Labs shall be in addition to and without prejudice to such rights and remedies as may be available to Catapult Labs including injunctive and other equitable remedies.
18.2    The disclaimers, limitations on liability, ownership, termination, interpretation, your licence(s) to and authorizations of Catapult Labs, your warranty, and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
18.3   This Agreement will automatically terminate if you violate or assist in the violation of any of the restrictions of paragraphs 3.6, 4.1 and 4.2.
18.4    On the termination of this Agreement, you must remove all Products from your systems and destroy any copies of the Products in your possession whether in electronic or printed format.
18.5    Any termination of this Agreement shall not affect Catapult Labs' rights to any payments due to it.

19.    Miscellaneous

19.1   This Agreement shall be treated as though it were executed and performed in the state of Arizona, USA, and shall be governed by and construed in accordance with the laws of the state of Arizona (without regard to conflict of law principles).
19.2    Any of Your causes of action with respect to the Products must be instituted within six (6) months after the cause of action arose or be forever waived and barred.
19.3    The language in this Agreement shall be interpreted as to its fair meaning and not construed strictly for or against either party. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
19.4   All legal proceedings arising in connection with this Agreement shall be brought solely and exclusively in state of Arizona. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.
19.5   Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
19.6   Failure of Catapult Labs, to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
19.7    You agree to review this Agreement prior to using the Products. This Agreement may be amended by Catapult Labs, from time to time without specific advance notice to You.
19.8   This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, constitute the entire and only agreements between You and Catapult Labs, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Products and the subject-matter of this Agreement.
19.9   To the extent that anything in or associated with the Products is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
19.10    You acknowledge and agree that any information you send or receive during your use of the Product may not be secure and may be intercepted or later acquired by unauthorised parties. You acknowledge and agree that your use of the site and any software or firmware downloaded therefrom is at your own risk.

• Tickets submitted at https://planningpoker.atlassian.net/servicedesk/customer/portal/2
• Emails sent to hello@catapultlabs.com

• Help with issues during installation
• Help troubleshooting problems
• Help identifying work-arounds

• If you are using a version of Confluence or Jira version which has not been formally released or supported by our add-ons
• If you are using a version of Confluence or Jira no longer supported by Atlassian
• If you don’t have an active subscription or maintenance license
• Troubleshooting problems related to underlying Confluence or Jira problems

• If you are using a version of Freshdesk or Freshservice no longer supported by Freshworks
• If you don’t have an active subscription or maintenance license
• Troubleshooting problems related to underlying Freshdesk, Freshservice, Trello or MercadoLibre problems

Introduction

Catapult Labs is committed to protecting the privacy of your personally identifiable information. Catapult Labs advises you to read this Cookie Disclosure Policy (“Policy”) carefully to understand the use of cookies on our website. This Policy is drafted in compliance to the General Data Protection Regulations (‘GDPR’) and the ePrivacy Directives.

Purpose

Catapult Labs uses cookies to ensure that any person who uses our website gets the best possible experience. In this notice Catapult Labs has provided detailed information about how and when Catapult Labs uses cookies.

What is a cookie?

A cookie is a small text file that is placed on to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. It allows us to recognize your device and store some information about your preferences or past actions. Cookies can make your next visit easier and the site more useful to you. Cookies cannot access any other information on your computer.

Types of cookies used

We use the following two types of cookies:

• Persistent / Permanent cookies: Persistent cookies helps us recognise you as an existing user, so it’s easier for you to return to our website without signing in again. After signing in, the persistent cookies stay on your browser and will be read when you return to our website. These remain on your computer/device for a predefined period.

• Session cookies: Session cookies only last for as long as the session exists (they get erased when the user closes the browser).

How we use cookies?

We use cookies primarily for:

• Preferences: Cookies allow our website to remember information about you that changes the way the site behaves or looks, such as your preferred language or the region you are in. Remembering your preferences enables us to personalise and display advertisements and other contents for you.

• Security / Optimisation: Cookies allow us to maintain security by authenticating users, preventing fraudulent use of login credentials and protecting user data from unauthorized parties. We may use certain types of cookies which allow us to block many types of attacks, such as attempts to steal content from the forms present on our website.

• Processing: Cookies enable the website to work efficiently. Basis such cookies, we are able to deliver services that a website visitor expects, like navigating around web pages or accessing secure areas of the website.

• Marketing / Advertising: We use cookies to make advertising more engaging to our users. Some common applications of cookies are made to select advertising based on what’s relevant to you, to improve reporting on campaign performance and to avoid showing ads you would have already seen. Cookies capture information about how you interact with our website, which includes the pages that you visit most.

• Communication: We may use information collected via cookies to communicate with you, for sending newsletters, seeking your opinion and feedback and providing you services and promotional materials.

• Analytics and Research: We may use cookies to better understand how people use our products/services so that we can improve them.

Basis for lawful processing of cookies:

We process your cookies with your explicit consent. You can accept the cookies to be placed on your browser by clicking on the I Agree button.

The Company will perform quarterly review of the cookie scan report to ascertain the count of identified cookies along with unclassified cookies, which would be classified and assigned a purpose using manual intervention within fifteen (15) days of extraction of the report. The consent of the visitors to the website to store necessary cookies, statistics cookies, marketing cookies and other categories of cookies post classification will be sought online through a pop-up alert to regularize the same.

How do I turn off the cookies?

Most browsers allow you to control cookies through their setting preferences. If you want to remove existing cookies from your device you can do this using your browser options. If you want to block future cookies being placed on your device you can change your browser settings to do this. You can find more information about cookies at : All About Cookies.

Your Privacy rights and whom to contact:

We respect your legal rights in relation to your data. For details on the rights available to you, please refer to our Privacy Policy. In case you have any questions, comments or concerns about this Policy or wish to exercise any of the rights available to you, please contact hello@catapultlabs.com.