Legal
Terms of Service
Effective Date: July 1st 2026
These Terms of Service (“Terms”) govern access to and use of the website located at callercatcher.net (the “Site”) and the call handling services provided by CallerCatcher (“CallerCatcher,” “we,” “us,” or “our”) to business clients (“Client,” “you,” or “your”). By accessing the Site, signing an order form, or using the Service, Client agrees to be bound by these Terms.
1. Definitions
"Service" means the automated call handling technology, scheduling functionality, and related tools made available by CallerCatcher to Client.
"End User" or "Caller" means any individual who places or receives a call, text, or other communication handled in whole or in part through the Service on Client's behalf.
"Client Data" means information Client provides to CallerCatcher, including business information, calendar and CRM data, and call content generated through Client's use of the Service.
2. Description of Service
CallerCatcher provides Client with access to automated call handling technology designed to answer, route, qualify, and schedule calls on Client's behalf. CallerCatcher may use, integrate with, or rely upon third-party technology providers to deliver the Service. CallerCatcher does not warrant any specific provider, architecture, or method used to deliver the Service, and reserves the right to modify, substitute, or upgrade any underlying technology at its sole discretion, provided the Service continues to perform its intended function.
3. Client Eligibility
Client represents that it is a legally operating business entity, or an authorized representative of one, with full authority to enter into these Terms and to authorize CallerCatcher to handle calls on Client's behalf.
4. Client Responsibilities & Compliance
Client is solely responsible for ensuring its use of the Service complies with all applicable federal, state, and local laws, including but not limited to:
- (a) Laws requiring disclosure that a call involves an artificial or AI-generated voice, including disclosure at the start of a call where required;
- (b) Call recording consent laws, including one-party and two-party (all-party) consent requirements in Client's operating jurisdiction(s);
- (c) Telemarketing and automated-calling laws, including the Telephone Consumer Protection Act (TCPA) and state-law equivalents, where the Service is used for outbound calling;
- (d) Any industry-specific regulations applicable to Client's business.
CallerCatcher may make configuration options available to help support compliance (such as configurable disclosure language), but final responsibility for lawful use rests with Client. Client shall obtain all consents required by applicable law before using the Service to interact with End Users.
5. Fees & Payment
Client agrees to pay all fees described in the applicable order form, including any setup fee, recurring subscription fee, and usage-based or overage charges. Late payments may result in suspension of Service. Fees are non-refundable except as expressly stated here or required by law.
6. Term & Termination
These Terms remain in effect for the term stated in the applicable order form and renew as specified there unless earlier terminated. Either party may terminate for the other's uncured material breach following 30 days' written notice. CallerCatcher may suspend or terminate immediately if Client's use violates Section 4 or otherwise exposes CallerCatcher to legal or regulatory risk.
7. Intellectual Property
CallerCatcher retains all right, title, and interest in the Service, including all underlying technology, configurations, workflows, and methodologies, whether or not specifically disclosed to Client. Client receives a limited, non-exclusive, non-transferable right to use the Service during the term for its own internal business purposes. Nothing here grants Client any right to access, reverse-engineer, copy, or replicate the underlying technology or vendor relationships used to deliver the Service.
8. Confidentiality
Each party will protect the other's confidential information using reasonable care. CallerCatcher's pricing, configurations, workflows, technology partners, and business methods are confidential and proprietary, and may not be disclosed by Client to any third party.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CALLERCATCHER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL RESULT IN ANY PARTICULAR BUSINESS OUTCOME, INCLUDING INCREASED APPOINTMENTS, LEADS, OR REVENUE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLERCATCHER'S TOTAL LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID BY CLIENT IN THE three (3) MONTHS PRECEDING THE CLAIM. CALLERCATCHER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES.
11. Indemnification
Client agrees to indemnify, defend, and hold harmless CallerCatcher, its owners, contractors, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) Client's use of the Service; (b) Client's failure to comply with Section 4; (c) Client's violation of applicable law in its interactions with End Users; or (d) any dispute between Client and an End User.
12. Dispute Resolution; Arbitration; Class Action Waiver
Any dispute arising from these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association (AAA) in the State of California, rather than in court, except either party may bring an individual claim in small claims court. CLIENT AND CALLERCATCHER EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
13. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
14. Force Majeure
Neither party is liable for delays or failures in performance resulting from causes beyond its reasonable control, including telecommunications or internet outages, third-party service outages, or government action.
15. General Provisions
These Terms, with any order form, constitute the entire agreement between the parties. If any provision is unenforceable, the rest remain in effect. Client may not assign these Terms without CallerCatcher's prior written consent.
16. Contact
Questions about these Terms can be submitted to us at info@callercatcher.com.