Terms of Service

Agency Agreement

1. Nature of Service, Eligibility And Business Use

CatchCall provides a specialized Business Automation and Artificial Intelligence ("AI") agency service designed to acknowledge missed inbound telephone calls via automated Short Message Service ("SMS") responses (the "Service").

Automation Agency Model: You acknowledge that CatchCall is a service provider utilizing third-party software and telephony infrastructure. We do not provide manual, live-agent answering services.

Intended Use: The Service is designed to enhance business responsiveness by sending immediate, automated acknowledgments to callers who fail to reach your business via a provisioned CatchCall telephone number.

Limitations of Service: The Service is dependent on the technical availability of cellular networks, third-party API stability, and the specific configurations of your business sub-account. The Service is intended for informational and transactional acknowledgments and is not intended to replace high-availability emergency communication systems.

2. SMS Program Terms, Consent and Compliance

Service Provider Status vs. Message Sender: You acknowledge that CatchCall acts solely as a service provider (platform) and not as the "sender" or "initiator" of any SMS communications. You are the "Sender" of all messages for the purposes of CASL and the TCPA. You maintain full control over the timing, content, and recipients of all automated responses.

Implied Transactional Consent: You acknowledge that a lead initiating a telephone call to your CatchCall-provisioned number constitutes implied transactional consent for a single, immediate automated response. However, you warrant that you will not use the Service to send subsequent marketing messages unless you have obtained separate, Express Consent as defined by law.

3. Limitation of Liability and Automation Disclaimer

Service "As-Is" and Availability: The Service is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by the laws of Ontario and the federal laws of Canada, CatchCall disclaims all warranties, whether express, implied, or statutory.

Automation and AI Accuracy Disclaimer: You acknowledge that the Service utilizes automated logic and/or artificial intelligence to generate responses. CatchCall does not guarantee the accuracy, completeness, or appropriateness of any automated response. You are solely responsible for reviewing, monitoring, and correcting your automated message templates.

4. Indemnification, User Conduct and Restrictions

You agree that you will not, and will not permit any third party to, use the Service in a manner that:

• Illegal Acts: Violates any local, provincial, state, federal, or international law or regulation.
• Spam & Harassment: Involves the transmission of "spam," unsolicited bulk messages, or any messages that are harassing, threatening, or abusive.
• Spoofing & Fraud: Attempts to impersonate another person or entity.
• Prohibited Content (SHAFT): Transmits any content related to Sex, Hate, Alcohol, Firearms, or Tobacco.

5. Carrier & Third-Party Infrastructure Disclaimer

Reliance on Third-Party Infrastructure: You acknowledge and agree that the Service is hosted on and processed through third-party infrastructure and software-as-a-service (SaaS) platforms. We do not own, operate, or control the underlying code, servers, or gateways of these third-party providers.

6. Dispute Resolution & Class Action Waiver

Governing Law: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

7. Subscription, Billing, Cancellation & Termination

Service Commitment & No-Refund Policy: To maintain our automated telephony infrastructure, reserve dedicated business numbers, and cover carrier-related registration fees, CatchCall operates on a strict no-refund policy. All payments are final.

8. Force Majeure & Service Interruptions

Definition of Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (except for the obligation to pay fees) where such failure or delay results from any cause that is beyond that party's reasonable control.

9. Entire Agreement, Electronic Consent & Survival

Electronic Signature and Consent: This Agreement is governed by the Electronic Commerce Act, 2000 (Ontario). You acknowledge and agree that your use of the Service constitutes your legal electronic signature and manifests your clear intent to be bound by these Terms.