Terms of Use
Last updated: January 5, 2023
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICE. THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Introduction
Welcome! The Terms of Use (“Terms”) govern the website www.katapult.com (including both mobile and online versions) (the “Site”), our mobile app (the “App”), and features, widgets, plug-ins, applications, content, downloads and/or other online services that we own and control and that post a link to these Terms, (the Site, App, and other online services we offer are collectively referred to herein as the “Service”),which are made available by Katapult Group, Inc. (“Katapult”, “we” “our” or “us”). By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy .
If You Want to Use This Service,
then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree.
The business realities associated with operating the Service are such that, without the conditions that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes – Katapult would not make the Service available to you.
In some instances, both these Terms and separate terms of sale, contract or consumer lease-purchase agreement setting forth additional or different terms and/or conditions will apply to your leasing/purchase and/or use of a service or product offered via the Service or in retail stores (in each such instance, and collectively “Additional Terms”). Thus, you agree that the terms and conditions of use of the Service are independent and separate from any sales or lease/purchase transaction you may enter into with us. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Linkable Table of Contents
It is important that you read and understand these entire Terms before using the Service. This table of contents further highlights some key issues and points and you can click on the headings to be taken to the full explanation.
- Service Content, Ownership, Limited License and Rights of Others
We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations.
- Service and Content Use Restrictions
Your use is subject to our rules.
- Opening and Terminating Accounts, Identity Authentication and Credit Investigation and Reporting
You may open, revise and close your accounts and other terms that apply when you use the Service to lease/purchase products and services.
- E-Sign Consent Agreement
If you wish to use the Service, you need to consent to receive and enter into agreements, disclosures and other information electronically.
- Feedback You Submit
You grant us a broad license, which we may sublicense, to the content or feedback you submit, which you represent you have the right to allow us to use.
- Notices, Questions and Customer Service
Click here to contact us for customer service or questions. You agree that we may provide you notices, including notices of new terms and conditions, by posting notice on the home page of the Service or by other reasonable means, such as to the email you provided.
- Links by You to the Service
You may link to our Service, subject to some basic rules.
- Linked-To Websites; Advertisements; Dealings with Third Parties
We are not responsible for third parties or their content, advertisements, apps or Services.
- Use of the Katapult App
You agree to comply with these terms when using our App.
- Connectivity
We do not represent or warrant that the App will be compatible with your Device.
- Communications from Katapult and our Advertising Partners
You acknowledge that telephone calls to or from Katapult may be monitored and recorded and you agree to such monitoring and recording.
- Arbitration and Waiver of Jury Trial
You agree to arbitrate most disputes and waive jury trial and class actions.
- Disclaimer of Representations and Warranties
We disclaim most warranties and provide the Service “As Is”.
- Limitations of our Liability
Our liability is greatly limited.
- Waiver of Injunctive or Other Equitable Relief
You waive equitable or injunctive relief.
- Updates to Terms
These Terms and Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. Posting of new terms on the Service is notice to you thereof.
- General Provisions
You agree to various other terms and conditions, which you should read here.
Full Details of Terms of Use
Service Content, Ownership, Limited License and Rights of Others
Content. The Service contains a variety of: (i) materials and other items relating to Katapult, Katapult’s services, third-party products and services, and similar items from our licensors and other third parties, including all layout, information, articles, reviews, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Katapult (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
Ownership. The Service (including past, present and future versions) and the Content are owned or controlled by Katapult and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Katapult or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. Katapult owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Katapult grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content; and (ii) may be immediately suspended or terminated for any reason, in Katapult’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
Rights of Others. When using the Service, you must respect the intellectual property and other rights of Katapult and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Service and Content Use Restrictions
Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Katapult; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Katapult, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.
Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Katapult or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
Availability of Service and Content. Katapult may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Katapult’s sole discretion, and without advance notice or liability.
Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Katapult and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
Opening and Terminating Accounts, Identity Authentication and Credit Investigation and Reporting
Accounts. In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for an account through our online registration process. The Service’s practices governing any resulting collection and use of your personal information are disclosed in the Privacy Policy. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
In order to enter into a lease-purchase transaction with us, you must: (a) accept and agree to these Terms and our Privacy Policy; (b) register with us on the Site; (c) be a U.S. citizen (or a legal U.S. resident) of at least eighteen (18) years of age (or older if you reside in a state where the majority age is older); (d) have a bank account with a U.S. financial institution; and (e) provide all information requested by us, such as your name, email address, mobile device number, online credentials for your bank account, and such other information as we may request from time to time (collectively, “User Information”). You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User Information by updating your account on the Service; provided, however, that you must notify us at least three (3) business days before any changes to your bank account information, including, but not limited to, the closure of your bank account for any reason by calling 833-KATAPULT (833-528-2785) or emailing help@katapult.com or by updating your account via the Service. If we approve your registration, you will be authorized to use the Service, subject to these Terms. For our compliance purposes and in order to provide the Service to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information. When you register for the Service and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
- A copy of your government-issued photo ID, such as a passport or driver’s license;
- A copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and U.S. street address on it; and
- Such other information and documentation that we may require from time to time.
By using the Service and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases as necessary to provide the Service to you. For purposes of such authorization, you hereby grant Katapult and our third-party service providers a limited power of attorney, and you hereby appoint Katapult and our third-party service providers as your true and lawful attorney-in- fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN KATAPULT OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, KATAPULT AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third-party account providers accessible through the Service. We make no effort to review information obtained from the financial institution holding your bank account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Katapult and our third-party service providers, Katapult retains ownership of your User Information.
Identity Authentication. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time to help us validate your identity. If you use certain services, federal law may require that we verify some of your information. Katapult reserves the right to close, suspend, or limit access to your account and/or the Service in the event we are unable to obtain or verify this information.
Credit Investigation and Reporting. By using the Service, you give Katapult permission to investigate your credit record and obtain your credit report in connection with the review of your application for credit. A credit report may also be requested in connection with a credit extension, credit limit request, account renewal, account collection action or dispute investigation. You understand that Katapult may report information about your lease (such as on-time, late, and missed payments; any defaults; and the fact you paid off your lease) to credit reporting agencies.
E-SIGN Consent Agreement
This “E-Sign Consent” constitutes your consent to receive disclosures and other information in electronic form. In connection with the Service, Katapult is required by law to provide you with certain disclosures. Without your consent, Katapult is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should choose another payment option.
Consumer Consent. Before completing any transaction with Katapult, you will be asked to consent to the Katapult Terms of Use. This action constitutes your electronic signature and manifests your consent and agreement to the following terms:
Katapult may provide disclosures required by law and any other information about your legal rights and duties and your account to you electronically.
Katapult can send any communications, billing statements, or required disclosures, such as initial and annual privacy notices (together, “Disclosures”) to you electronically via our website or to the email address that you have provided to us, either directly or indirectly via the merchant to whom Katapult will send funds on your application.
Katapult will notify you via e-mail when the Disclosures are available. The Disclosures will be available for at least thirty (30) days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever Katapult sends you an email or text message regarding the Disclosures, that email or text message will contain instructions regarding how to view the Disclosures.
Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
This consent applies to any transaction undertaken through the Service in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Service, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
Minimum Requirements. You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
Withdrawing Consent. You are free to withdraw your consent at any time. If at any time you wish to withdraw your consent, you can send us your request by submitting a request through help@katapult.com. If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and Katapult may close or limit access to your account. You agree to pay any amount owed to Katapult even if you withdraw your consent and we close or limit access to your account.
Legal Effect. Your consent to this E-Sign Consent means that Disclosures Katapult provides to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if Katapult had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent prior to receiving such Disclosures.
Miscellaneous. You agree that Katapult may modify or change the methods of disclosure described herein, and that Katapult may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, contact help@katapult.com. You also agree that Katapult is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by Katapult’s failure to send such a notice to the phone number or email address you have provided for that purpose.
Feedback You Submit
General. Katapult may now or in the future offer users of the Service the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Service, messages, text, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “Feedback”). Katapult may allow you to do this through contact us, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your Feedback and you remain ultimately responsible for it.
Non-Confidentiality of Your Feedback. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that: (a) your Feedback will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Katapult does not assume any obligation of any kind to you or any third party with respect to your Feedback. Upon Katapult’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of Feedback may not be secure, and you will consider this before submitting any Feedback and do so at your own risk. In your communications with Katapult, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, services, products or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed Feedback and licensed to us as set forth below. In addition, Katapult retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Katapult’s receipt of your Unsolicited Ideas and Materials is not an admission by Katapult of their novelty, priority, or originality, and it does not impair Katapult’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
License to Katapult of Your Feedback. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your Feedback), you hereby grant to Katapult, and you agree to grant to Katapult, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Feedback (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Feedback and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any Feedback for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Katapult to your Feedback, you also hereby grant to Katapult, and agree to grant to Katapult, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Feedback, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section V.3.
Notices, Questions and Customer Service
You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner as permitted by applicable law; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address.
If you have a question regarding using the Service, you may contact us by emailing help@katapult.com, calling Customer Service at 833-KATAPULT (833-528-2785) or mail us at Katapult Group, Inc, 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024 You acknowledge that the provision of customer support is at Katapult’s sole discretion and that we have no obligation to provide you with customer support of any kind.
Links by You to the Service
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with Katapult or cause any other confusion; and (c) the links and the content on your website do not portray Katapult or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Katapult. Katapult reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Linked-To Websites; Advertisements; Dealings with Third Parties
Linked Services; Advertisements. The Service may contain links, as part of third-party ads on the Service or otherwise, to or from third-party websites (“Linked Services”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Katapult. Katapult may have no control over the content, operations, policies, terms, or other elements of Linked Services, and Katapult does not assume any obligation to review any Linked Services. Katapult does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, KATAPULT is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services. Finally, Katapult will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. Katapult disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Katapult disclaims all liability in connection therewith.
Use of the Katapult App
You agree to use the App in accordance with these Terms and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the App using iTunes or Google Play, as applicable. You are responsible for reviewing the applicable iTunes or Google Play terms and conditions and complying with such terms and conditions while using the App.
Without limitation of the foregoing, if you are downloading the App through iTunes for use on an Apple-branded product, the following terms apply:
Acknowledgment of Parties. These Terms are made between you and Katapult, and that Katapult, not Apple Inc. (“Apple”), is responsible for the App and the content thereof.
Scope of the License. The license you have been granted in these Terms is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service, except that the App may be accessed and used by other accounts associated with your iTunes account via Family Sharing or volume purchasing.
Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, you agree that your recourse for warranty failure in connection with the App pursuant to these Terms shall be through Katapult, and Apple will have no other warranty obligation whatsoever with respect to the App, nor be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
Product Claims. You agree that your recourse for product claims arising from the App shall be through Katapult, and that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, you agree that your recourse under these Terms will be through Katapult and that Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third Party Beneficiary. Apple and Apple's subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
Connectivity
You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
The functionality of the App could become disabled or delayed during times of poor connections or speeds from your wireless or internet service provider. You agree that it is your responsibility to verify the status of any attempted transaction by reviewing your account on the App or texting Katapult at 833-KATAPULT (833-528-2785). You acknowledge and agree that Katapult, and its affiliates, agents and licensors, shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems and you are solely responsible for confirming that any attempted transaction, including payments, are received by Katapult.
KATAPULT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE APP WILL BE COMPATIBLE WITH YOUR DEVICE OR ANY SPECIFIC OPERATING SYSTEM VERSION OF YOUR DEVICE OR ANY OTHER HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE.
Communications from Katapult
Communications, Generally. You hereby consent to receive communications from Katapult, its affiliates, agents, other representatives by email, telephone calls, prerecorded voice messages, artificial voice messages, which may be sent using an automatic telephone dialing system, text, SMS and MMS message (collectively, “Text Messages”), and push notification through the App related to your account, any transaction, and/or your relationship with Katapult, including, without limitation, changes to your account, any application, purchasing, or leasing process, the pre-approval process, satisfaction and other types of surveys, account payments, unpaid amounts due, and the repossession of leased goods in the event your account is delinquent.
Methods of Communication. You agree that Katapult may contact you at any mailing address, email address, residential telephone number, and/or your mobile telephone number you provide to Katapult, including in your lease application. You represent and warrant that any contact information you provide to Katapult is accurate and complete, and you are solely responsible for promptly updating your contact information at least seven (7) days before any change to your contact information. You verify that you are the current telephone subscriber of any telephone numbers that you provide to Katapult. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a telephone number for which you are not the owner or subscriber or arising from your violation of applicable federal, state or local law, regulation or ordinance. You may update your account by writing to Katapult Group Inc, 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024, emailing help@katapult.com, or calling Customer Service at 833-KATAPULT (833-528-2785). Katapult may also obtain, and you expressly agree to be contacted at, email addresses, mailing addresses, and telephone numbers obtained by Katapult through other lawful means, such as skip tracing. You acknowledge that phone calls to or from Katapult may be monitored and recorded and you agree to such monitoring and recording.
Marketing and Promotional Communications. You also consent to receive promotional offers by email, telephone call, prerecorded voice messages, artificial voice messages, and/or Text Messages) by or on behalf of Katapult and our advertising partners, which offers may be sent using an automatic telephone dialing system. Consent is not a condition of leasing or purchasing any goods or services from us. You acknowledge that you may incur a charge for these calls or Text Messages by your wireless carrier or data service and that neither Katapult nor those acting on its behalf will be responsible for these charges.
You may opt-out of automated telephone communications from Katapult at any time by writing to Katapult Group, Inc, 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024, emailing optout@katapult.com, and/or calling 833-KATAPULT (833-528-2785). Please note that if you opt out of automated calls, Katapult still reserves the right to make non-automated calls to you consistent with your preferences. Participating Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Cricket, U.S. Cellular, MetroPCS, Alltel, Boost Mobile, and Virgin Mobile.
You may opt-out of receiving marketing communications by unsubscribing through the subscription options included in such email messages.
SMS Terms and Condition: By opting in our SMS program, Katapult will send informational messages related to account reminders and marketing messages.
You can cancel the SMS service at any time. You may opt-out from SMS communications by texting STOP. You agree to receive a final Text Message confirming your opt-out. Please allow at least twenty-four (24) hours to process your request.
If you are experiencing issues with the messaging program, you can receive help by texting HELP to short code or call us at 833-KATAPULT (833-528-2785)
Message frequency varies. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive a variable number of messages depending on your notification preferences. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Participating Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Cricket, U.S. Cellular, MetroPCS, Alltel, Boost Mobile, and Virgin Mobile.
If you have any questions regarding privacy, please read our privacy policy.
Push Notifications. By downloading the App, you are agreeing to receive alerts through push notification(s) ("Alerts"). Receipt of Alerts may be delayed or prevented by factor(s) affecting your wireless or data provider. Katapult is not liable for losses or damages arising from: non-delivery, delayed delivery, or the erroneous delivery of any Alert. You may opt out of receiving Alerts by changing your Device settings. Please note that opting out of receiving Alerts may impact your use of the Service.
Survival. Your obligations under this Section XI will survive termination of this Agreement.
ARBITRATION AND WAIVER OF JURY TRIAL.
PLEASE READ THIS PROVISION OF THE TERMS CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
Agreement to Arbitrate. You and we agree that any Dispute (defined below) will be resolved by Arbitration (defined below). This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of New York without applying its choice-of-law rules.
What Arbitration Is. “Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this Arbitration agreement. For purposes of this Arbitration agreement, the terms “you” and “your” include any co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” for purposes of this Arbitration agreement mean Katapult and include Katapult’s employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns, as well as Katapult’s marketing, servicing, and collection representatives and agents.
How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate Arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an Arbitration must choose either of the following Arbitration firms for initiating and pursuing an Arbitration: the American Arbitration Association (“AAA”) or JAMS, The Resolution Experts (“JAMS”). If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate an Arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the Arbitration firms and forms and instructions for initiating an Arbitration by contacting them as follows:
JAMS, The Resolution Experts
1920 Main Street, Suite 300
Irvine, CA 92614
Website: www.jamsadr.com
Telephone (949) 224-1810 or (800) 352-5267The policies and procedures of the selected Arbitration firm will apply provided such policies and procedures are consistent with this Arbitration agreement. To the extent the Arbitration firm’s rules or procedures are different than the terms of this Arbitration agreement, the terms of this Arbitration agreement will apply.
What Arbitration Costs. No matter which party initiates the Arbitration, we will advance or reimburse filing fees and other costs or fees of Arbitration, provided each party will be initially responsible for its own attorneys’ fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the Arbitration.
Location of Arbitration. Unless you and we agree to a different location, the Arbitration will be conducted within thirty (30) miles of your then current mailing address.
Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide Arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide Arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide Arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.
Applicable Law and Review of Arbitrator’s Award. The arbitrator shall apply applicable federal and New York substantive law and the terms of this Agreement. The arbitrator must apply the terms of this Arbitration agreement, including without limitation the waiver of class-wide Arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The Arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence; and (b) whether the conclusions of law are erroneous under the substantive law of New York and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of New York and applicable federal law.
Survival. This Arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of these Terms, or any amounts owed under this Agreement, to any other person or entity.
Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by either hand delivery or a letter postmarked no later than thirty (30) days following the date you enter into these Terms. You may opt-out without affecting your application or status as a lessee at our address above.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
Injunctive Relief. The foregoing provisions of this Section XII.11 will not apply to any legal action taken by Katapult to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, and/or Katapult’s intellectual property rights (including such Katapult may claim that may be in dispute), and/or Katapult’s operations.
Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Katapult and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Katapult Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- the Service (including the Content);
- the functions, features, or any other elements on, or made accessible through, the Service;
- any products, services, or instructions offered or referenced at or linked through the Service, including, those products and services you purchase through the Service;
- security associated with the transmission of your User Information transmitted to Katapult via the Service;
- whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
- whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
- whether any defects to or errors on the Service will be repaired or corrected;
- whether your access to the Service will be uninterrupted;
- whether the Service will be available at any particular time or location; and
- whether your use of the Service is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A KATAPULT PARTY, KATAPULT PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY KATAPULT PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Service (including the Content);
- your use of or inability to use the Service, or the performance of the Service;
- action taken in connection with an investigation by Katapult Parties or law enforcement authorities regarding your access to or use of the Service;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Service’s technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Katapult Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KATAPULT PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID KATAPULT IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, FEEDBACK, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY KATAPULT (INCLUDING YOUR LICENSED FEEDBACK) OR A LICENSOR OF KATAPULT.
Updates to Terms
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS OF USE UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the email you associated with your purchases for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
General Provisions
Katapult’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Katapult a right of consent or approval, or permits Katapult to exercise a right in its “sole discretion,” Katapult may exercise that right in its sole and absolute discretion. No Katapult consent or approval may be deemed to have been granted by Katapult without being in writing and signed by an officer of Katapult.
Indemnity. You agree to, and you hereby, defend, indemnify, and hold Katapult Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Katapult Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your Feedback; (ii) your use of the Service and your activities in connection with the Service, including, without limitation, any transaction entered into by you through your use of the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) any other party’s access and/or use of the Service with your account; and (viii) Katapult Parties’ use of the information that you submit to us (including your Feedback) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Katapult Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Katapult Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Katapult Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Katapult Party.
Operation of Service; Availability of Products and Services; International Issues. Katapult controls and operates the Service from its U.S.-based offices in the U.S.A., and Katapult makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
Export Controls. Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.
Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.
Investigations; Cooperation with Law Enforcement; Termination; Survival. Katapult reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Katapult in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Katapult under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Katapult, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Katapult in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding telephonic communications, jurisdiction, choice of law, no class action, and mandatory arbitration.
Assignment. Katapult may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Katapult.
No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or KATAPULT in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
Privacy Policy
Last updated: January 5, 2023
Welcome! This privacy policy (“Privacy Policy”) governs the website www.katapult.com (including both mobile and online versions of our site) (the “Site”), including your use of interactive devices (such as iPads), features, widgets, plug-ins, applications, content, downloads and/or other online services that we own and control and that post a link to this Privacy Policy (the Site and other online services we offer are collectively referred to herein as the “Service”), which are made available by Katapult Group, Inc., formerly known as Cognical, Inc., d/b/a Zibby (“Katapult”, “we” “our” or “us”). This Privacy Policy also applies to Personal Information (defined below) we may collect from you in our Katapult retail stores (each a “Store” and collectively the “Stores”) (regardless of whether it is collected through an online device or in-person), and in any other instance when you contact us.
To the extent we provide you notice of different or additional privacy policies or practices (e.g., at the point of our collection), those additional notices govern such data collection and use.
In addition, please review the Service’s Terms of Use, which govern your use of the Service.
Linkable Table of Contents
It is important that you read and understand the entire Privacy Policy before using the Service. To ease review, each section below contains a brief introductory summary and a link to the full explanation. Click on the headings and the “More” buttons to be taken to the full explanation. Any capitalized terms that appear, but are not otherwise defined, in the introduction have the meanings given to them elsewhere in the Privacy Policy.
- What Information Does the Service Collect?
We collect and receive certain information about you as you interact with our Service, explained further in this Section.
- Information You Provide to Us
We may collect certain personal information that you provide to us when you interact with the Service or when you visit a Store. For example, we may collect this information through various forms and in various places on the Service, including when you sign-up for an account to use the Service or you enter into a transaction with us at our Store.
- Information Collected and Stored As You Access and Use the Service
Certain information may be collected from you automatically when you access and use the Service. For example, we and third parties may use tracking technologies (described below) to collect usage information (described below) based on your device identifier (described below) for a variety of purposes, which may include activities over time and across third party locations.
- Location-Based Information
When using our Service, we may obtain information about your location or provide other location-based services to you.
- Information Third Parties Provide About You
We may obtain information about you from third parties.
- Information You Provide About a Third Party
You may provide us information about others, such as when you add an individual to your account. If so, the information you provide (names, email addresses, etc.) may be used so they can obtain the benefits of the Service.
- Information You Provide to Us
- How Do We Use The Information Collected?
We use your personal information for a variety of purposes detailed in this Section.
- How and When Do We Share Information With Third Parties?
We may provide your information to third parties under various circumstances detailed in this Section. These may include:
- Merchants and Retailers.
Merchants or retailers selling you products and services and other partners or others with whom we have marketing or other relationships for the third parties’ direct marketing purposes. Phone numbers obtained through the short code program will not be shared with any third parties for their marketing reasons/purposes.
- When You Request Information From or Provide Information to Third Parties
If you request information from third parties, request that we send information to third parties or interact with third-party websites, ads, content or tools, we may share your information with such parties and/or they may collect your information directly.
- Third Parties Providing Services on our Behalf
Our vendors may collect your information on our behalf or we may share it with them so that they may provide services to us and you. Some may offer you choices regarding the collection and use of your information.
- To Protect the Rights of Katapult and Others
There are a variety of administrative and legal reasons for which we may share some or all of your information.
- Affiliates and Business Transfer
We may share your information with our affiliates as well as in the event of a sale, merger or similar transaction.
- Merchants and Retailers.
- Interest-Based Advertising and Third-Party Analytics Services
We and third parties may send you targeted ads based on your location, information and/or behavior. If you object, you can exercise choices some third parties may offer.
- Links to Third-Party Services and Features
We may allow you to access third-party content on the Service, or to link to third-party applications and locations from the Service, but we are not responsible for your interaction with third-party content, apps and locations.
- What are my Rights and Choices?
You may change certain account information and communications preferences as more fully detailed in this Section.
- What Should Parents Know About Children?
We do not intend to collect personal information from children under the age of 13. If you think we have, let us know.
- What About Security?
We endeavor to take reasonable steps to protect personal information.
- What About Changes to the Privacy Policy?
We may change this Privacy Policy upon posting of a revised privacy policy.
The Full Detailed Privacy Policy
What Information Does the Service Collect?
Information You Provide to Us
On the Service, we may ask you to provide us, or our service providers, with certain categories of personal information, such as: your name, phone number (including mobile phone number), date of birth, home address, employer information, email address, government ID (such as your Social Security number), financial related information (such as bank account numbers, financial institution information, information about your assets, credit card numbers and other data related to your credit history and suitability for us to enter into a transaction with you), and demographic information (such as information about your gender). We may collect this personal information through various forms and in various places on the Service, including if you register for an account, through “contact us” forms, or when you otherwise interact with the Service. We also collect this information in our Stores either directly from you when you begin a transaction with one of our sales representatives or otherwise through in-Store technology that we make available for you when you make a purchase.
Information Collected and Stored As You Access and Use the Service
In addition to information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service. This usage information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device whenever you visit or interact with our Service.
This Usage Information may include:
- your IP address, UDID or other unique identifier related to your device. A device identifier is a number that is automatically assigned to your device used to access the Service, and our computers identify your device by its device identifier;
- your device functionality (including browser, operating system, hardware, mobile network information);
- the areas within our Service that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
We may use various methods and technologies (such as cookies, web beacons, web server logs and other technologies) to store or collect usage information. These tracking technologies may set, change, alter or modify settings or configurations on your Device. There may be other tracking technologies now and later devised and used by us in connection with the Service. Further, third parties may use tracking technologies in connection with our Service, which may include the collection of information about your online activities over time and across third-party websites or online services.
Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note that without cookies you may not be able to use all of the features of our Service. Our Service is not designed to respond to “do not track” signals from browsers.
Location-Based Information
Our Service may use location-based services in order to locate you so we may verify your location, deliver you relevant content and ads based on your location as well as to share your location with our vendors, merchants and retailers as part of the location-based services we offer. Your device’s operating platform may provide you with a notification when our Service attempts to collect your precise location. You may be able to change the settings on your device to prevent it from providing us with such information.
Information Third Parties Provide About You
We may receive information about you from third parties and other users of the Service, such as credit bureaus, credit reporting service providers and identity verification services. Additionally, we may, from time to time, supplement the information we collect directly from you on our Service with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you.
Information You Provide About a Third Party
You may provide us with information of others if you authorize someone else to access your account on your behalf such as if you set up a joint account with another person. Any personal information you provide about another person will be treated in accordance with the terms of this Privacy Policy.
How Do We Use the Information Collected?
We may use your personal information that is subject to this Privacy Policy:
- to determine your eligibility (e.g., creditworthiness) to enter into a transaction with you;
- to provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events;
- to process and track your purchases and other transactions you entered into using the Service or in our Stores;
- to verify your identity, including your accounts on the Service;
- manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
- manage and protect our information technology infrastructure;
- to provide the Service, including the opportunities available on the Service;
- to improve the Service, marketing endeavors or our Service and Store offerings;
- to advertise or market our Services, including our Store offerings;
- to customize your experience on the Service or to serve you specific content or ads that are relevant to you, including using your location information to display advertisements for businesses in your close vicinity;
- to provide customer support, including to resolve disputes, repossess items for accounts in default, collect fees and account balances, and troubleshoot problems;
- to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;
- to identify your product and Service preferences so that you can be informed of new or additional products, services and promotions;
- to enable you to participate in a variety of the Service’s features;
- to improve the overall experience at the Service;
- to comply with our legal, statutory and regulatory obligations;
- for internal business purposes; and
- for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
How and When Do We Share Information with Third Parties?
Katapult may disclose your information as follows:
Merchant and Retailers. We may share (including sell) your personal information with (and to) third parties, such as the merchant or retailer selling you products and services and otherpartners or others with whom we have marketing or other relationships for the third parties’ direct marketing purposes. When providing us with personal information in connection with a transaction, relevant individuals acknowledge that they are directing us to intentionally disclose their information, or using our services to intentionally interact with, the merchant or retailer selling you products and services.
When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your personal information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.
Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us or the Service, such as: (i) to assist us in Service operations; (ii) to manage a database of customer information; (iii) hosting the Service; (iv) designing and/or operating the Service’s features; (v) tracking the Service’s activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; (viii) payment processing or loan service providers so they can process the transactions initiated from your Service account; (ix) to assist us with collecting on delinquent accounts (x) to provide us with consumer reports; and (xi) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including personal information, to carry out the services they are performing for you or for us.
To Protect the Rights of Katapult and Others. We may access, use, preserve, transfer and disclose your personal information to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Service’s Terms of Use or other policies applicable to the Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Service or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other device identifiers to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.
Affiliates and Business Transfer. We may share your personal information with our parent, subsidiaries and affiliates for the purposes described in this Privacy Policy. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
Otherwise with Notice. In addition, we may share the information we have collected about you, as disclosed at the time you provide your information.
We also may share anonymous or deidentified information (such as aggregated user statistics) with third parties.
Interest-Based Advertising and Third-Party Analytics Services
You may see our ads on other websites because we use third-party ad services on our Services. Through these ad services, we can tailor our messaging to individuals considering demographic data, inferred interests and browsing context. These ad services track information about your online activities over time and across third-party websites and apps by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. These ad services may collect data about your visits to websites and apps that participate in these services, such as the pages or ads you view and the actions you take on the websites or apps. This data collection takes place both on our Services and on third-party websites and apps that participate in these ad services. These ad services use this information to show you ads that may be tailored to your individual interests. This process also helps us track the effectiveness of our marketing efforts.
To learn how to opt out of interest-based advertising, please visit https://optout.aboutads.info/choices, https://www.networkadvertising.org/choices/ or http://preferences-mgr.truste.com/.To learn more about how to opt out of DoubleClick’s use of cookies, visit the DoubleClick opt-out page,here
We also may use third-party analytics services on our Services, such as Google Analytics. The providers of these analytics services use technologies such as cookies and web beacons to help us analyze use of our Services. The information collected through these means may be disclosed to or collected directly by these analytics services. To learn more about Google Analytics, please visit https://www.google.com/policies/privacy/partners/
Links to Third-Party Services and Features
For your convenience and information, the Service may provide links to other websites and may include third-party features such as apps, tools, widgets and plug-ins. These third-party websites and services operate independently from us. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps. The privacy practices of the relevant third parties, including details on the information they may collect and use about you, are subject to the privacy statements of these parties, which we strongly suggest you review.
What are my Rights and Choices?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. The Service may allow you to review, correct or update personal information you have provided through the Service’s account registration forms or otherwise by updating your Service account, and you may provide registration updates and changes by contacting us by email at: help@katapult.com. If so, we will make good faith efforts to make requested changes in our then active databases (but we may retain prior information as business records). When you edit your personal information or change your preferences on the Service, information that you remove may be retained for Katapult’s administrative purposes.
You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions you may sign up for after you opt-out. If your opt-out is limited to certain types of emails, the opt-out will be applied to only those emails. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and Service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
If you are a California resident, please see the California Consumer Privacy Statement of this Privacy Policy for more information about your privacy rights.
If you have any questions about the Privacy Policy or practices described in it, you should contact us in the following ways
Postal Mail: 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024 (Attn: Privacy Officer)
Email: help@katapult.com.
Phone Number: 833-KATAPULT (833-528-2785)
What Should Parents Know About Children?
Our Service is designed for a general audience and is not directed to children. In connection with the Service, we do not knowingly collect personal information from children under the age of thirteen (13) without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.
In the event that we become aware that we have collected personal information from any child, we will either seek parental consent or promptly delete that information. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without parental consent, please contact us at help@katapult.com.
What About Security?
We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use.
It is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure. Our internal policies prohibit unlawful disclosure of Social Security numbers, and we maintain measures designed to limit access to Social Security numbers to personnel who need access to such information in order to perform their job functions.
What About Changes to the Privacy Policy?
We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy. We will indicate at the top of the policy when it was most recently updated.
For California Consumers – California Consumer Privacy Statement
This California Consumer Privacy Statement supplements the Katapult Privacy Policy and applies solely to California consumers. This California Consumer Privacy Statement does not apply to Katapult personnel.
This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the “CCPA”).
Notice of Collection and Use of Personal Information
We may collect (and may have collected during the 12-month period prior to the effective date of this California Consumer Privacy Statement) the following categories of personal information about you:
Identifiers:identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers, and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, Social Security number, and other similar identifiers
Additional Data Subject to Cal. Civ. Code § 1798.80:signature, physical characteristics or description, state identification card number, bank account number, credit card number, debit card number, other financial information, and education information
Protected Classifications:characteristics of protected classifications under California or federal law, such as age, sex, gender, and gender identity,gender expression, citizenship status.
Commercial Information:commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies
Online Activity:Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements
Location Information:General location information (e.g. IP address, city/state and or postal code associated with an IP address) from your device.
Sensory Information:audio, electronic, visual, and similar information
Employment Information:professional or employment-related information such as résumé information, occupation details, education details, certifications and professional associations, historical compensation details, previous employment details, emergency contact information, and pre-employment screening and background check information, including criminal records information
Education Information:[in connection with job applicants,]education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99)
Inferences:inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We may use (and may have used during the 12-month period prior to the effective date of this California Consumer Privacy Statement) your personal information for the purposes described in the Katapult Privacy Policy and for the following business purposes:
Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services;
Providing advertising and marketing services;
Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
Short-term, transient use, such as nonpersonalized advertising shown as part of your current interaction with us;
Helping to ensure security and integrity;
Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them;
Debugging to identify and repair errors;
Undertaking internal research for technological development and demonstration;
Managing career opportunities with Katapult; and
Managing our relationships with current or prospective partners, corporate customers and vendors and other business partner personnel.
Retention of Personal Information
We will retain your personal information for the time period reasonably necessary to achieve the purposes described in the Katapult Privacy Policy and this California Consumer Privacy Statement, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.
Sources of Personal Information
During the 12-month period prior to the effective date of this California Consumer Privacy Statement, we may have obtained personal information about you from the following categories of sources:
- Directly from you, such as when you use our Services or complete a form
- Other individuals, such as joint account holders who provide information about you
- Your devices, such as when you visit our website or use our mobile app
- Our affiliates
- Vendors who provide services on our behalf
- Our business partners, such as merchants or retailers that we have partnered with
- Our joint marketing partners
- Online advertising services
- Data analytics providers
- Social networks
- Recruiting and talent agencies
- Job references, such as your employers or teachers
- Data brokers, such as public databases, credit bureaus, credit reporting service providers and background check services
Sale or Sharing of Personal Information
We do not sell your personal information in exchange for monetary compensation. We may share your personal information by allowing certain third parties (such as online advertising services) to collect personal information via automated technologies on our websites and apps for cross-context behavioral advertising purposes. This kind of sharing may be considered a “sale” under California law when the personal information is exchanged for non-monetary consideration. You have the right to opt out of these types of disclosures of your information.
We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the effective date of this California Consumer Privacy Statement) the following categories of personal information about you to online advertising services:
- Identifiers
- Commercial Information
- Online Activity
- Inferences
You have the right to opt-out of this disclosure of your information, as detailed below. We do not have actual knowledge that we sell or share the personal information of minors under 16 years of age.
Disclosure of Personal Information
During the 12-month period prior to the effective date of this California Consumer Privacy Statement, we may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:
| Category of Personal Information | Categories of Third Parties |
|---|---|
| Identifiers |
|
| Additional Data Subject to Cal.Civ. Code § 1798.80 |
|
| Protected Classifications |
|
| Commercial Information |
|
| Online Activity |
|
| Geolocation Data |
|
| Sensory Information |
|
| Employment Information |
|
| Education Information |
|
| Inferences |
|
In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this California Consumer Privacy Statement, we may have disclosed personal information about you to government entities and third parties in connection with corporate transactions, such as mergers, acquisitions or divestitures.
California Consumer Privacy Rights
You have certain choices regarding your personal information, as described below.
- Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed, and sold about you during the past 12 months.
- Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.
- Deletion: You have the right to request that we delete certain personal information we have collected from you.
- Opt-Out of Sale or Sharing: You have the right to opt-out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes.
- Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.
How to Submit a Request.To submit an access, correction or deletion request, email us at help@katapult.com with “California Privacy Rights” as the subject line. To submit a Shine the Light request, email us at help@katapult.com with “California Privacy Rights” as the subject line or mail us a letter to: Katapult Group Inc, 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024 (Attn: Privacy Officer). To opt-out of the sale or sharing of your personal information, click here or email us at help@katapult.com with “California Privacy Rights” as the subject line. To submit a request as an authorized agent on behalf of a consumer, please contact help@katapult.com. For questions or concerns about our privacy policies and practices, please contact us as described in the “What are my Rights and Choices” section of the Katapult Privacy Policy. If you would like to opt out of the sale of your personal information associated with a different device or browser, please submit an opt-out request using that device or browser. If you clear your cookies on a particular browser or device, you may need to resubmit your opt-out request.
Verifying Requests. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have a Katapult account with us, we may verify your identity by requiring you to sign in to your account. If you do not have a Katapult account with us and you request access to, correction of or deletion of your personal information, we may require you to verify your email address or phone number in our records and/or provide [information about your prior transactions with Katapult (such as the amount, date or other details about your last transaction)].In addition, if you do not have a Katapult account and you ask us to provide you with specific pieces of personal information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.
Additional Information. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.
Credit Disclosure
Last updated: February 10, 2020
You authorize Katapult Inc. dba Katapult and its affiliates and/or assigns (“Katapult”) to obtain and use consumer reports from one or more consumer reporting agencies about you for any lawful purpose, including but not limited to (1) in connection with your Katapult application, (2) periodically throughout the term of your Katapult lease-purchase account(s) and/or in connection with any other account(s) or services you may request or obtain from us; (3) in connection with marketing Katapult’s current and future products and services to you (both during and after the term of your account(s) and the term of any other services you may obtain from us); (4) to make decisions related to the servicing and collection of your account(s); (5) to perform data analysis; and (6) in connection with any sale, transfer or assignment of your account(s). You agree that Katapult may transfer or otherwise provide your consumer report or any information contained therein to any successor-in-interest, transferee or assignee of your account(s), whether in whole or in part. You understand that Katapult may report information about your account(s) (such as on-time, late, and missed payments; any defaults; and the fact you paid off your account(s)) to consumer reporting agencies. You authorize Katapult to verify information in your consumer report, and to contact third parties without further notice to you to verify any such information.
Electronic Communications Disclosure Statement and Consent
Last updated: January 5, 2023
This “ESIGN Consent” constitutes your consent to receive disclosures and other information in electronic form. In connection with the Service, Katapult is required by law to provide you with certain disclosures. Without your consent, Katapult is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should choose another payment option. The words "you" and "your" mean the person receiving these disclosures, and the words "we," "us" and "our" mean Katapult Group, Inc., doing business as Katapult and all of its affiliated companies.
To receive communications electronically, you will need:
- A functioning personal computer, tablet or other electronic device (a "device").
- A connection to the Internet and an e-mail account.
- An Internet browser that we support that has JavaScript and cookies enabled, including Internet Explorer 10 or higher.
- A current version of a software program that accurately reads and displays PDF files
- Operating system software that will support the foregoing.
In order to retain and/or print communications sent to you electronically, your device will need to be able to save and store communications and/or you will need a functioning printer connected to your device.
You may withdraw your consent to receiving communications electronically and you have the right to receive communications in paper form by contacting us at help@katapult.com, 833-KATAPULT (833-528-2785), or Katapult Group Inc, 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024. (Please note that you may still receive communications from us electronically until we have processed any withdrawal of consent.)
You may request a paper copy of a communication that was sent electronically at no charge by contacting us at help@katapult.com, 833-KATAPULT (833-528-2785), or Katapult Group Inc, 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024. Please note that electronic copies of all monthly statements are available on our web site for download by logging into your account with us.
You agree to notify us immediately of any change in the e-mail address you have provided below by contacting us at help@katapult.com, 833-KATAPULT (833-528-2785), or Katapult Group Inc, 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024.