Call-Catch

Terms of Service

Last Updated: April 4, 2025

1. Introduction

Welcome to Call-Catch. These Terms of Service ("Terms") govern your access to and use of the Call-Catch website and digital assistant services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use the Services.

2. Definitions

Throughout these Terms, the following definitions apply:

  • "We," "our," or "us" refers to Call-Catch, the provider of the Services.
  • "You," "your," or "Business Owner" refers to the individual or entity (our Client) accessing or using the Services.
  • "Content" refers to any information, data, text, software, graphics, messages, or other materials that are posted, uploaded, or otherwise made available through the Services.
  • "Caller" refers to an individual who calls the Business Owner and interacts with the digital assistant.

3. Account Registration

To use certain features of our Services, you must create an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

4. Service Description & Limitations

The Services provide a digital assistant to handle calls based on information provided by you, the Business Owner. This includes features like call answering, message taking, appointment scheduling, and call forwarding, depending on your plan.

The service operates on a "best effort" basis. We do not guarantee the accuracy or completeness of information provided by the digital assistant. The digital assistant may make errors or provide incorrect information due to limitations in AI, interpretation, or inaccuracies in the data provided by you.

The service is provided "as is" without warranties of any kind, express or implied, including regarding accuracy, reliability, or fitness for a particular purpose.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5. Free Trial, Subscription Billing, and Payment

We offer a 30-day free trial for new Business Owners. To start the trial, you must provide valid payment information upfront through our third-party payment processor, Stripe. Your use of Stripe is subject to Stripe's terms and conditions and privacy policy.

At the end of the 30-day trial period, your account will automatically convert to a paid subscription based on the plan you selected during signup, and your provided payment method will be charged unless you cancel your subscription prior to the end of the trial period through your account settings.

Subscription fees, billing cycles, and payment terms are outlined on our pricing page. You agree to pay all fees associated with your selected service plan. All fees are exclusive of applicable taxes, which you are responsible for paying.

By providing a payment method, you authorize us and Stripe to charge you for all applicable fees on a recurring basis according to your subscription plan. If your payment cannot be completed, we may suspend or terminate your access to the Services.

We reserve the right to change our fees at any time. If we change our fees, we will provide notice of the change on our website or by email at least 30 days before the change takes effect. Your continued use of the service after the fee change constitutes your agreement to pay the modified fee amount.

Details regarding cancellation procedures, refund eligibility (if any), and the effects of termination are specified in your account settings or on our website. Generally, subscription fees are non-refundable except as required by law.

6. User Responsibilities

As a Business Owner using our Services, you agree to:

  • Comply with all applicable laws and regulations in your use of the Services.
  • Provide and maintain accurate, current, and complete information for the digital assistant's use (e.g., business details, services, FAQs, operating hours, contact information).
  • Acknowledge that you are solely responsible for the accuracy, legality, and completeness of the information you provide. Errors or omissions in the data you supply may lead to incorrect or incomplete responses by the digital assistant.
  • Maintain the confidentiality of your account information.
  • Use the Services only for legitimate business purposes and not for any illegal or unauthorized purpose.
  • Respect the privacy and rights of others, including Callers.
  • Not engage in any activity that could harm, disable, overload, or impair the Services or interfere with any other party's use of the Services.
  • Not attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems or networks connected to the Services.

6.1 Responsibility for Call Handling Notification and Recording Consent

You, the Business Owner, are solely responsible for ensuring compliance with all applicable laws and regulations regarding notifying Callers that they are interacting with a digital assistant and that the call may be recorded. This includes, but is not limited to, requirements for obtaining consent for call recording, particularly in jurisdictions requiring two-party consent.

You acknowledge that the default introductory script provided by the Service (e.g., "Hello, this is Mary, the digital assistant...") may not, on its own, satisfy all legal requirements for notification or consent regarding call recording in your specific jurisdiction(s). You are responsible for customizing scripts or implementing other measures as necessary to ensure full legal compliance.

7. Intellectual Property Rights

We and our licensors retain all ownership rights, title, and interest in and to the Services, including the digital assistant technology, software, website, content (excluding your provided business information), features, and functionality thereof. These are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of the specific business information you provide to us for use by the digital assistant ("Business Information").

You grant Call-Catch a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Business Information solely for the purpose of providing, maintaining, and improving the Services (including for AI training as further detailed in our Privacy Policy). This license ends when you delete your Business Information or your account, except to the extent necessary for us to comply with legal obligations or maintain backup/archival systems.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services strictly in accordance with these Terms for your internal business purposes. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of any part of the Services without our prior written consent.

8. Privacy

Your privacy and the privacy of Callers are important to us. Our Privacy Policy explains how we collect, use, protect, and share personal information. By using our Services, you consent to the collection and use of information as described in our Privacy Policy.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CALL-CATCH (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • (a) ERRORS, MISTAKES, OR INACCURACIES OF INFORMATION PROVIDED BY THE DIGITAL ASSISTANT;
  • (b) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  • (c) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
  • (d) ANY CONTENT OBTAINED FROM THE SERVICE;
  • (e) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR BUSINESS INFORMATION;
  • (f) SERVICE INTERRUPTIONS OR CESSATION OF SERVICE; OR
  • (g) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CALL-CATCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CALL-CATCH AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID CALL-CATCH, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless Call-Catch and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any applicable law, rule, or regulation, including without limitation any laws regarding call recording or data privacy; (iv) the Business Information you provide, including any claim that your Business Information caused damage to a third party; or (v) any other party's access and use of the Service with your unique username, password, or other appropriate security code.

11. Term and Termination

These Terms will remain in full force and effect while you use the Services. You may terminate your use of the Services at any time by canceling your account through your account settings and discontinuing use of the Services.

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease. If we terminate your account for breach, you may not be eligible for any refunds of prepaid fees.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, likely by posting the updated Terms on our website and updating the "Last Updated" date. What constitutes a material change will be determined at our sole discretion. Your continued use of the Services after any such changes become effective constitutes your acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

14. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Santa Clara County, California, before one arbitrator.

The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Call-Catch concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Service.

17. Contact Information

If you have questions about these Terms, please contact us at:

Email: info@call-catch.com