These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Pytches Advisory, LLC dba CallerCatcher ("Company," "we," "us," or "our"). By creating an account, accessing, or using our software-as-a-service platform, including Missed Call Text Back, unified communications inbox, business phone numbers, and all related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are entering into these Terms on behalf of a business or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you may not access or use the Service.
We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or through the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
CallerCatcher provides a cloud-based communications platform designed for local businesses. The Service may include, but is not limited to:
We reserve the right to modify, update, or discontinue any feature of the Service at any time with reasonable notice.
You must provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
The Service is intended for use by businesses and individuals who are at least 18 years of age. By using the Service, you represent that you meet this eligibility requirement and that the information you provide is truthful and accurate.
You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
You acknowledge and agree that:
You may not use the Service to:
We reserve the right, but are not obligated, to monitor your use of the Service for compliance with these Terms and the Acceptable Use Policy. If we reasonably believe that you are in violation, we may, at our sole discretion: (a) issue a warning, (b) suspend your account, (c) terminate your account without refund, or (d) report the violation to the appropriate authorities or telecommunications carriers.
Access to the Service is provided on a subscription basis. You agree to pay all fees associated with your selected plan as described at the time of purchase. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected).
Certain plans or features may require a one-time setup fee. All setup fees are non-refundable, regardless of whether you subsequently cancel your subscription or downgrade your plan.
By providing a payment method, you authorize CallerCatcher to charge the applicable fees to your payment method on a recurring basis. You are responsible for keeping your payment information current. If payment fails, we may suspend or terminate your access to the Service.
We reserve the right to change our pricing at any time. We will provide you with at least thirty (30) days written notice before any price increase takes effect. Your continued use of the Service after the effective date constitutes acceptance of the new pricing.
Subscription fees are generally non-refundable except where required by applicable law. Setup fees are non-refundable under all circumstances. If you cancel your subscription, you will retain access to the Service through the end of your current billing period, and no prorated refunds will be issued for the remaining portion of that period. Customer acknowledges that outbound SMS delivery requires A2P 10DLC registration with US telecommunications carriers. Carrier approval times are strictly outside of our control, and delays in carrier approval do not entitle Customer to a refund.
Certain features, including but not limited to SMS messages, phone calls, and additional phone numbers, may incur usage-based charges in addition to your subscription fee. These charges will be billed in arrears and detailed on your invoice.
The Service, including its design, features, code, documentation, trademarks, logos, and all content provided by CallerCatcher, is and remains our exclusive property (or the property of our licensors). These Terms do not grant you any ownership rights in the Service.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription, subject to these Terms.
You retain ownership of any content, data, or materials you upload to or transmit through the Service ("Customer Content"). By using the Service, you grant us a limited license to process, store, and transmit Customer Content solely as necessary to provide the Service to you.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALLERCATCHER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO CALLERCATCHER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.
CallerCatcher relies on third-party telecommunications carriers and infrastructure to deliver calls and messages. We are not liable for failures, delays, or errors caused by carrier networks, number porting issues, carrier filtering, or any other telecommunications infrastructure outside our reasonable control.
You agree to indemnify, defend, and hold harmless CallerCatcher, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising out of or relating to:
These Terms remain in effect for as long as you maintain an active account or use the Service.
You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Cancellation will take effect at the end of your current billing period.
We may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:
Upon termination, your right to access the Service ceases immediately. We may delete your account data after a reasonable retention period. Sections of these Terms that by their nature should survive termination (including but not limited to Sections 4.3, 7, 8, 10, and 11) shall survive.
Business phone numbers provisioned through the Service remain the property of CallerCatcher until properly ported out. We reserve the right to refuse port-out requests if your account has an unpaid balance or has been suspended or terminated for violations of our Acceptable Use Policy.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, the dispute shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in Orange County, California, rather than in court, except that either party may assert claims in small claims court.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and CallerCatcher regarding the Service and supersede all prior agreements, understandings, and communications.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
CallerCatcher shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to natural disasters, acts of government, telecommunications failures, power outages, or carrier network issues.
We may provide notices to you via email to the address associated with your account or through the Service. You may provide notices to us at [email protected].
By opting in to receive SMS messages from Pytches Advisory, LLC dba CallerCatcher, you consent to receive non-marketing text messages related to your use of the Service. These messages may include, but are not limited to, communications regarding:
Message frequency varies depending on your account activity and interactions with the Service.
You may opt out of receiving SMS messages from CallerCatcher at any time by replying STOP to any message you receive from us. Upon receipt of your opt-out request, we will send a confirmation message acknowledging your request, and you will no longer receive SMS messages from CallerCatcher unless you re-enroll.
If you have previously opted out and wish to resume receiving SMS messages from CallerCatcher, you may do so by submitting the applicable opt-in form again and providing your consent as you did initially.
If you need assistance with our SMS program, you may reply HELP to any message you receive from us. You may also contact us directly:
CallerCatcher delivers SMS messages through third-party wireless carriers. Carriers are not liable for delayed or undelivered messages. Delivery of text messages is subject to the terms and conditions of your wireless service provider, and CallerCatcher makes no guarantees regarding the timing or successful delivery of any SMS message.
Message and data rates may apply. Any charges incurred for text messaging are determined by your wireless carrier and are your sole responsibility. For questions about your text or data plan, please contact your wireless provider directly.
Your privacy is important to us. For information on how we collect, use, and protect your personal information in connection with our SMS program and the Service, please review our Privacy Policy.
If you have questions about these Terms of Service, please contact us:
CallerCatcher
Email: [email protected]