Legal
Terms of Service
1. Agreement
These Terms of Service ("Terms") govern your use of getcatenaclearing.com and the Catena post-trade clearing and reconciliation platform (together, the "Service"), operated by Catena Clearing, Inc. ("the Company," "we," "us," or "our"), a company incorporated under the laws of New York, with offices at 40 Wall Street, Floor 28, New York, NY 10005.
By accessing or using the Service, you agree to be bound by these Terms. If you are accessing the Service on behalf of a firm, you represent that you have authority to bind that firm and that "you" includes the firm. If you do not agree to these Terms, do not use the Service.
Platform subscriptions and data processing terms for client firms are governed by separate written subscription and data processing agreements between Catena Clearing, Inc. and the subscribing firm, which supplement and prevail over these general Terms where there is a conflict.
2. Use of the Service
- You must be at least 18 years old and, if accessing on behalf of a firm, duly authorized to act for that firm.
- You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data.
- You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
- The Catena platform is a reconciliation and matching tool. It is not a clearing member, broker-dealer, custodian, or regulated financial institution. Nothing in the Service constitutes financial, legal, regulatory, or investment advice. Ops desk personnel remain responsible for final settlement decisions, exception resolution, and compliance with applicable trading and reporting obligations.
3. Intellectual Property
The Service, including all text, graphics, logos, matching algorithms, and software, is owned by Catena Clearing, Inc. or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose -- post-trade reconciliation for your authorized ops desk -- and for no other purpose.
4. User Content and Trade Data
You are responsible for any content and trade data you submit through the Service, including confirm files, position records, and contact messages. You represent that you have all necessary rights and authorizations to submit such content and data. You grant the Company a limited license to use, store, and process the content as necessary to provide the Service, generate matching results and break alerts, and respond to your inquiries.
The Company does not claim ownership of trade confirmation data submitted by client firms. Such data is processed solely to deliver the contracted reconciliation service and is subject to the data processing agreement with the subscribing firm. The Company does not use trade content to train models without the client firm's explicit written consent.
5. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATENA CLEARING, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT MATCHING RESULTS WILL BE COMPLETE OR ACCURATE FOR ALL CONFIRM FORMATS. SETTLEMENT DECISIONS REMAIN THE RESPONSIBILITY OF THE OPS DESK AND ITS AUTHORIZED PERSONNEL.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATENA CLEARING, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY SETTLEMENT FAILS, REGULATORY PENALTIES, OR TRADING LOSSES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY IN THE THREE MONTHS PRECEDING THE CLAIM, OR USD $100 IF NO AMOUNTS HAVE BEEN PAID.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.
7. Indemnification
You agree to defend, indemnify, and hold harmless Catena Clearing, Inc. from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any applicable financial regulation.
8. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive, including Sections 3, 5, 6, 7, 9, and 10.
9. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles.
Informal Resolution. Before filing a claim, you agree to contact the Company at [email protected] and attempt informal resolution for at least 60 days.
Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in New York, USA under the rules of the American Arbitration Association. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and Catena Clearing, Inc. each waive the right to a jury trial and the right to participate in a class action.
Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in New York, USA for intellectual-property infringement or unauthorized access to the Service.
10. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted with a new effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
11. Contact
Catena Clearing, Inc.40 Wall Street, Floor 28, New York, NY 10005
Email: [email protected]
Phone: +1 (646) 552-0137