Terms of Service

These Terms of Service ("Terms") govern your use of the CallCatch platform, including our website, call capture service, SMS automation, and virtual receptionist features (collectively, the "Service"), operated by CallCatch ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and operate a legitimate business to use CallCatch. By using the Service, you represent and warrant that you meet these requirements. The Service is intended for business use only, not personal or consumer use.

2. Description of service

CallCatch provides:

• Missed call capture: When an incoming call to your business line is not answered, CallCatch automatically sends an SMS to the caller on your behalf and facilitates a text-based booking or estimate request conversation.
• Virtual receptionist: A live call answering service that answers calls in your business name, collects customer information, and routes urgent calls to you.
• Lead dashboard: A web-based interface to view, manage, and follow up with incoming leads.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where possible.

3. Account registration

You must create an account to use CallCatch. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@callcatchhq.com if you suspect unauthorized access to your account. You may not share your account with others or create multiple accounts for the same business without our written consent.

4. SMS and telephone communications

By using CallCatch's SMS features, you acknowledge and agree that:

• You are solely responsible for ensuring that the SMS messages sent through CallCatch comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any other federal, state, or local regulations governing commercial communications.
• You have a legitimate business reason to contact individuals whose numbers are processed through the Service (e.g., they called your business number first).
• You will not use CallCatch to send unsolicited messages (spam), harassing messages, or messages that misrepresent your identity or business.
• CallCatch acts as a technology platform facilitating your communications; we are not responsible for the content of messages you customize or for your compliance with applicable laws.

5. Fees and payment

CallCatch is offered on a subscription basis. By subscribing, you agree to pay the fees applicable to your selected plan. All fees are:

• Charged in US dollars
• Billed in advance on a monthly or annual basis, depending on your plan
• Non-refundable except where required by applicable law or as explicitly stated in our refund policy

We reserve the right to change pricing with at least 30 days' written notice. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

6. Acceptable use

You agree not to use CallCatch to:

• Send spam, phishing messages, or any unsolicited commercial communications
• Impersonate any person, business, or entity
• Engage in any activity that violates applicable law or regulation
• Harass, threaten, or intimidate any individual
• Reverse engineer, copy, or create derivative works of our platform
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Service for any purpose other than legitimate business call capture and customer communication

Violation of this section may result in immediate termination of your account without refund.

7. Intellectual property

CallCatch and its licensors own all rights, title, and interest in the Service, including all software, content, logos, and trademarks. These Terms do not grant you any intellectual property rights in the Service beyond a limited, non-exclusive, non-transferable license to use the Service for your own business purposes during your subscription period.

You retain all rights to the content and data you provide to the Service, including your business information and customer data. You grant CallCatch a limited license to process this data solely as necessary to provide the Service.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

We do not guarantee that using CallCatch will result in any specific number of bookings, revenue, or business outcomes. Results vary by business type, location, and market conditions.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLCATCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless CallCatch and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any third-party rights.

11. Termination

You may cancel your account at any time by contacting us or through your account settings. Cancellation takes effect at the end of your current billing period.

We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or if we determine that your use of the Service poses a legal, regulatory, or reputational risk to CallCatch or other users. Upon termination, your right to access the Service ceases immediately.

12. Governing law and disputes

These Terms are governed by the laws of the United States. Any disputes arising under these Terms shall be resolved through binding arbitration on an individual basis, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property disputes or unauthorized access to the Service. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the effective date and notify you by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.