Catalyzer Terms of Service

1. Introduction

Welcome to catalyzer.co—the official website for Catalyzer Startup Accelerator. Please read these Terms of Service carefully, as by accessing our Site or Service, you agree to be bound to the contractual terms contained herein.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;

“Catalyzer” refers to our company, known as “Catalyzer LLC” a Delaware registered company in USA and “Catalyzer Startup Advisors Private Limited”, a registered company in INDIA; our Site (www.catalyzer.co), or our Service, depending on the context of the word;

“Service” refers to the services that we provide through our Site, as well as any other services we may provide online or offline;

“Site” refers to our website, www.catalyzer.co;

“User” refers to founders, mentors, and anyone else who visits our Site or uses our Service;

“We” refers to founders, mentors, investors, employees and anyone else associated with Catalyzer or provide service on behalf of Catalyzer.
“You” refers to you, the person who is entering into this Agreement with Catalyzer, and also refers to the company or companies that you are using our Service to improve, where applicable. You represent that you have the authority to bind any such company to this Agreement, or that you will indemnify us for any losses by that company should you not be able to bind it to this Agreement.

3. Our Service

Catalyzer is a startup accelerator and commune. We serve founders of innovative startups in Technology, Non-Technology, and Social Enterprises, mostly from India and US, who are looking for guidance, know how, mentors and pre-seed funding. Our programs are designed to help founders get access to pre-seed capital (either through our own fund or through our connections to outside investors), advice and guide them startup methodology, and provide them with strong support.

Anyone is eligible to sign up for our newsletter, or attend our Startup Open days or Startup 3 (3 days startup event). We are more selective with prospective entrepreneurs who attend Startup 7, startup 15 or Startup 101 and there is an application process to founders who go through the Startup 15 and Startup 101 Accelerator program (a 101 days program for innovative startups). We are not obligated to offer any of these services or all services.

4. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the Republic of India or other countries having jurisdiction over this Agreement, Catalyzer, and yourself. For example, if the Government of India prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.

You must be a bona fide founder of a startup company, mentor, or other person authorized by Catalyzer to use our network Services.

You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years age.

You must have the power to bind whichever company you represent to contracts or, if you are not personally authorized to do so, or require additional parties to assent to such contracts, you will not attempt to bind your company to such contracts or represent that you are able to do so.

You must provide us with personal information, payment information, and other information that we deem necessary to include provide you with our Service.

You must properly report all income and contracts as required to the Internal Revenue Service, Securities and Exchange Commission, and any other governmental entity in US and Income Tax Department, SEBI and any other government entity that may require in India or in any other country. You acknowledge that Catalyzer is not required to conduct your recordkeeping for you or to report any income information to the tax authorities.

5. Disclaimer

Catalyzer may offer a variety of informational content which advises you on issues relating to the success of a business or other matters relevant to startups. Mentors may offer similar advice. You acknowledge and agree that the suitability and relevance of advice may vary from one company to the next, and content which you read may be of no relevance to your company, even if it appears to state that it is. Notwithstanding any representations made elsewhere, Catalyzer hereby informs you that no statements made by us or any mentor or other third party should be relied upon, and you should not make any decisions based on our advice.

In addition to the above, mentors’ statements are third party utterances and we act as a passive content provider when you make any exchanges with them using our Service. We are not liable for their statements.

Finally, Catalyzer is not privy to any contracts which investors or others may purport to enter into under this Agreement, nor do we endorse them or make any representations about the honesty or reliability of such third party investors.

As a consequence of the above, and without limiting the limitations on liability that may be found elsewhere in this Agreement, or any provisions of applicable law, you agree to hold us harmless for any damages you may incur as a result of the use of our Service.

6. Rules of Conduct

Once you have signed up to Catalyzer, you may use our Service subject to certain rules. You must not:
Violate the laws of the United States, its states, or India, its states or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.

Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Catalyzer or its delegates.

Post requests for investment where you have no authority to make such requests or, despite having such authority, have no intention of actually permitting investment in your company.

Be fraudulent or negligent in your representations.

Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.

Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Catalyzer Site, Service, or its Users’ computers, or the computer of any third party.

Do anything else which, at Catalyzer’s sole discretion, could harm our business or bring our business into disrepute.

7. Offers

Catalyzer may, but is not obligated to, provide offers from time to time. The offers provided will be made according to the information published on our Site, and if any information is conflicting, the terms most beneficial to Catalyzer shall take effect.

Catalyzer may refuse to provide such offers for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

8. Our Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including the content we provide or the profiles of other investors or mentors, without receiving our prior written permission.

9. Your Copyright

Catalyzer must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sub-licensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

10. Trademarks

“Catalyzer” is a trademark used by us, Catalyzer, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own startup-related website.

11. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

12. Copyright & Trademark Infringement

Users must not post any Contracts, User profiles, or other information that infringes on anyone’s copyright, but it may happen. We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:

Your name.

The name of the party whose copyright has been infringed, if different from your name.

The name and description of the work that is being infringed.

The location on our website of the infringing copy.

A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our info@catalyzer.co. Since we prefer notification by e-mail, an electronic signature is acceptable.

Although law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

13. Communications Decency Act

Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our website. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at info@catalyzer.co if any of our Users have posted anything that you believe is defamatory.

14. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF A MENTOR OR FOUNDER TO ABIDE BY ANY CONTRACTUAL TERMS TO THEIR COUNTERPARTY.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.

15. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

16. Choice of Law

This Agreement, and any Contract between Users, shall be governed by the laws in force in India. The offer and acceptance of this contract are deemed to have occurred in India.

17. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Hyderabad, in the State of Andhra Pradesh, India. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of original jurisdiction having the power to hear civil matters in the State of Andhra Pradesh.

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the lower Court, you agree not to bring the other claims against us and to instead proceed within the lower Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the lower Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the lower Court.

If you would be entitled to bring a case within the lower Court, but cannot do so because you have already filed two small claims in the current year, you agree to bring the case in the next lowest court of original jurisdiction and pay Catalyzer the difference in its legal fees, costs, and disbursements, which are incurred through no fault of our own in having to answer a claim in a higher court.

You agree that if a dispute is eligible to be heard in lower Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the lower Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements, with the exception that Catalyzer shall not be liable for the increased amount of attorneys’ fees, court costs, and disbursements which arise as a result of your taking action against us in a court other than the lower Court as a result of your inability to initiate a claim in the lower court for having filed two claims in the current year, as mentioned above.

18. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

19. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Catalyzer shall have the sole right to elect which provision remains in force.

20. Non-Waiver

Catalyzer reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

21. Termination & Cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

22. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

23. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes. You must read this page each time you visit our Site and agree to it if it has changed. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at info@catalyzer.co so that we may disable your account.

Last Modified: November 21, 2013.