Terms of Purchase and Service

Welcome, and thank you for your interest in Katalyst Interactive Inc. (“ Katalyst ,” “ we ,” or “ us ”) and our website at www.katalyst.com, along with our related websites, networks, applications, mobile applications, and hardware products and accessories. These Terms of Purchase and Service are a legally binding contract between you and Katalyst regarding your purchase and use of the Katalyst Tr

BY CLICKING “I ACCEPT,” “BUY,” “BUY NOW,” “PURCHASE,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE KATALYST TRAINING SYSTEM , YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASES AND USE OF THE KATALYST TRAINING SYSTEM, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING KATALYST’S PRIVACY POLICY (TOGETHER, THESE “ TERMS ”). I

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms (including any dispute arising from your purchase or use of a Component) will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND KATALYST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESEN

Katalyst Overview. Katalyst provides an electro-muscle stimulation training device comprised of a full-body suit (the “ Suit ”) integrated EMS technology (the “ Impulse Pack ”) and related accessories which may be offered by Katalyst fromtime to time (collectively, and together with the Suit and the Impulse Pack, the “ Component(s) ”). To use the Components, you must connect to our service, which

Eligibility . You must be an adult to purchase and/or use the Katalyst Training System. By agreeing to these Terms, you represent and warrant to us that: (a) you are an adult (at least the age of majority in your jurisdiction); (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Katalyst Training System is in compliance with any an

Your Health . By accessing or using the Katalyst Training System, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Katalyst Training System is wholly at your own risk. You acknowledge and agree that the Katalyst Training System is intended for use only by individuals healthy enough to perform strenuous exercise.

Before accessing or using the Katalyst Training System, please review the Katalyst Instruction Manual, available at www.katalyst.com/instructions (the “ Katalyst Instruction Manual ”), including the Warnings and Safety Guidelines section of the Katalyst Instruction Manual . We also highly recommend you seek guidance from a qualified health care practitioner regarding your use of the Katalyst Train

By accessing or using the Katalyst Training System, you affirm and represent that your answer to each of the questions in the Safety Guide section of the Katalyst Training Manual is “no”, and that none of the contraindications or precautions specified in the Katalyst Instruction Manual apply to you or you have consulted your general practitioner or other qualified medical professional and they hav

YOU ACKNOWLEDGE AND AGREE THAT KATALYST IS NOT A HEALTH CARE ORGANIZATION, AND ITS WORKOUT CONTENT AND EXERCISES OR ANY OTHER INFORMATION PROVIDED BY THE KATALYST TRAINING SYSTEM OR ANY KATALYST EMPLOYEES OR REPRESENTATIVES DOES NOT CONSTITUTE MEDICAL ADVICE, TREATMENT, PRESCRIPTIONS, OR DIAGNOSES. KATALYST AND ITS EMPLOYEES AND REPRESENTATIVES ARE NOT QUALIFIED PHYSICIANS AND CANNOT SAY WHETHER Y

You should discontinue exercise in cases where it causes pain or severe discomfort and should consult a medical professional prior to returning to exercise in such cases. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

Your Safety .By accessing the Katalyst Training System, you affirm and represent that you have read, understand, and will comply with the Katalyst Instruction Manual and any other safety or operating instructions provided by Katalyst from time to time.

Third-Party Equipment . Except as expressly provided for in the Katalyst Instruction Manual or otherwise through the Services the Katalyst Training System is not intended for use with any third party equipment or any third-party training content. YOUR USE OF ANY THIRD PARTY EQUIPMENT OR TRAINING CONTENT IS WHOLLY AT YOUR OWN RISK.

Accounts and Registration. To access certain features of the Services, you must register for an account (“ Katalyst Account ”). When you register for a Katalyst Account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurat

Membership Holder and Members . A “ Member ” is any individual who has a Katalyst Account. A “ Membership Holder ” is any Member who activates and pays the Subscription Fees (as defined below) for a Subscription Service.

Multiple Members . As a Membership Holder you may activate one or more Members on each Subscription Service. Each Member must register for their own Katalyst Account, and accept these Terms. Katalyst may impose restrictions on the number of streams that can occur simultaneously under a single Subscription Service or the maximum number of Members per Subscription Service. The Membership Holder is r

General Purchase Terms. Availability . Purchases of the Component are subject to estimated availability and availability is not guaranteed. Katalyst reserves the right to impose quantity limitations on any order.

Price. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and exclude any applicable shipping and handling, taxes and other applicable charges (if any). Except as set forth in Section 4.8, all fees are non-refundable. Katalyst reserves the right to determine pricing for the Katalyst Training System. Katalyst wi

Authorization. You authorize Katalyst (and its third party providers, as applicable) to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Katalyst, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Katalyst may seek pre-authorization of your credit card

Component Orders . Your order constitutes an offer to purchase a Component, and all orders are subject to Katalyst’s acceptance. Except to the extent prohibited by applicable law, Katalyst may accept, decline, or place limits on your order for any reason. You do, however, acknowledge that by clicking on the “Buy”, “Buy Now”, “Purchase”, “Pay Now” or other similar button, you enter into an obligati

Title, Risk of Loss . Title to the Component will pass to you when the Component is delivered to the carrier, after which all risk of loss or damage to any Component will be yours, subject to any rights you may have under the limited warranty set forth in Section 15.1.

Delivery . Katalyst will attempt in good faith to deliver the Component in accordance with your order or any other schedule Katalyst may provide to you when placing the order, but Katalyst will not be responsible or liable for any delays or failure in such delivery. Katalyst expressly reserves the right to effect delivery of the Component ordered in any number of separate shipments, and the modes

Inspection . You should carefully examine all deliveries of the Component upon delivery, and notify Katalyst of any alleged error, shortage, defect or non-conformity of the Component within 14 days after receipt. Except as otherwise set forth in the limited warranty set forth in Section 15.1, your failure to examine and report will, to the maximum extent permitted by applicable law, constitute a w

Returns and Refunds . Katalyst’s returns and refund policy is available at https://katalyst.com/returns (“ Return Policy ”).

Export Control . You acknowledge that the Component may be subject to export control laws and other laws and regulations of the United States and other countries, and that if Katalyst ships the Component to you, the Component may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You rep

Component Information; Changes . While we have taken reasonable steps to depict the Component as accurately as possible through the photographs and other images featured on our websites, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Component when you receive it. In addition, Ka

Subscription Service. The Service may include a membership subscription that includes automatically recurring payments for periodic charges (“ Subscription Service ”).If you activate a Subscription Service, you authorize Katalyst to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due da

Delinquent Accounts. Katalyst may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

LicensesLimited License. Subject to your complete and ongoing compliance with these Terms, Katalyst grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by y

License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform any portion of the Katalyst Training System; (b) make modifications to any portion of the Katalyst Training System; (c) access or use the Katalyst Training System (or any portion of the Katalyst Training System

Feedback . If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Katalyst Training System (“ Feedback ”), then you hereby grant Katalyst an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Katalyst Training System a

Ownership; Proprietary Rights. The Katalyst Training System is owned and operated by Katalyst. The videos, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Katalyst Training System, including any computer code installed on the Components (“ Materials ”) provided by

Third Party Terms Third Party Services and Linked Websites . Katalyst may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on Katalyst with an account on the third party service. By using one of these tools, you agree that Katalyst may transfer that information to the applicable third par

Third Party Software. The Katalyst Training System may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“ Third Party Components ”). Although the Katalyst Training System is provided to you subject to these Terms, nothing in these Terms prevents, restr

Copyright InfringementNotification . We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of the material that you claim is infringing and where it is located on the Service;

a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Repeat Infringers . Katalyst will promptly terminate the accounts of users that are determined by Katalyst to be repeat infringers.

User ContentUser Content Generally . Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“ Post ”) content to the Service, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other w

Limited License Grant to Katalyst . By Posting User Content to or via the Service, you grant Katalyst a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify

You Must Have Rights to the Content You Post; User Content Representations and Warranties . You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Katalyst disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing Use

you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Katalyst and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Katalyst, the Service, and these Terms;

your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame

your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

Terms of Purchase and Service

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