Catchwise Terms of Service

1. Description of Service

Catchwise is a supplementary lead-capture tool designed to help small business owners reduce missed opportunities by organizing inquiries from connected channels. Depending on your configuration and available features, Catchwise may support hosted forms, embeddable website forms, email intake, manual and bulk manual lead entry, missed-call capture, SMS/text inquiry capture where enabled, owner notification emails, lead digest emails, basic lead status tracking, and related diagnostics.

Catchwise is not a comprehensive customer relationship management (CRM) system, call center, answering service, emergency response service, legal compliance service, tax service, marketing agency, sales agency, or guaranteed lead-delivery system. You acknowledge that Catchwise is a supplementary tool and does not replace your primary business operations or obligations. You must not use Catchwise for emergency, urgent, medical, safety, or time-sensitive communications.

2. No Guarantee of Lead Capture

Catchwise is designed to reduce missed opportunities, but it does not guarantee that every call, text, form submission, email, customer inquiry, message, or other opportunity will be captured, delivered, displayed, processed, or followed up. Lead capture may be affected by customer setup, website changes, email forwarding rules, spam filtering, DNS configuration, browser or device issues, third-party outages, provider limitations, carrier filtering, messaging registration status, customer behavior, incomplete submissions, account restrictions, and abuse-prevention controls.

You bear the sole responsibility for monitoring your Catchwise lead queue and promptly following up with your leads. Catchwise is designed to surface potential opportunities; it does not replace or diminish your primary obligation to actively monitor, manage, and respond to your business inquiries.

3. Customer Responsibilities

You are responsible for the following:

Maintaining accurate account, business, billing, notification, and contact information.

Selecting, connecting, installing, forwarding, embedding, configuring, and testing the capture paths you elect to use.

Re-testing capture paths after any changes to your website, phone setup, email setup, domain, forms, forwarding rules, provider settings, or Catchwise settings.

Reviewing your lead queue, alerts, and digest emails and following up with leads in a timely manner.

Ensuring you have the legal right to collect, forward, store, call, text, email, or reply to individuals whose information is submitted to Catchwise.

Providing legally adequate notices, disclosures, and consent mechanisms on your own website and forms.

Using Catchwise solely for lawful business purposes and complying with all applicable privacy, communications, marketing, consent, consumer-protection, tax, and industry regulations.

Complying with all applicable U.S. and international export control and economic sanctions laws. You represent that you are not located in a sanctioned country or on any list of prohibited or restricted parties.

4. Capture Paths and Public Forms

Catchwise may provide a hosted form link, embeddable form, email intake address, manual lead entry tools, and phone or SMS capture features where enabled. Public forms may collect information such as name, email address, phone number, request details, submission source, timestamp, and technical metadata used for security, rate limiting, troubleshooting, or abuse prevention. You are responsible for the placement of Catchwise forms or links, how you describe them to your customers, and whether your website privacy notice or disclosures must reference Catchwise.

Email intake may be affected by forwarding rules, spam filters, mailbox settings, authentication rules, provider outages, formatting issues, missing content, or customer-side configuration. Manual and bulk manual entry are intended for simple lead capture and are not designed for full CRM migration, deduplication, import history, undo-import, or data-cleaning workflows. You must not submit unnecessary sensitive information, including Social Security numbers, payment card numbers, passwords, medical details, government identification numbers, or similar high-risk data.

5. Phone Numbers, Missed Calls, SMS, and Auto-Response

Where enabled, Catchwise may provision or configure a dedicated capture number for missed-call or SMS/text inquiry capture. These features are dependent on Twilio, phone carriers, messaging registration, number availability, A2P/10DLC approval, provider policies, and customer configuration. Catchwise makes no representation or warranty that any specific number will be available, remain available, be recoverable, support all features, or avoid provider changes, carrier restrictions, filtering, or outages. You do not own Catchwise-provided numbers unless a separate written agreement expressly states otherwise.

SMS/text capture and automatic responses may be unavailable, delayed, disabled, limited, or paused unless all required provider, carrier, registration, consent, and compliance steps have been completed. You may not use Catchwise messaging features for spam, unsolicited marketing, deceptive messages, harassment, unlawful content, or messages to individuals who have opted out or withdrawn consent. Catchwise reserves the right to restrict, suspend, or disable messaging features that create legal, carrier, provider, deliverability, abuse, fraud, reputational, compliance, or platform risk.

6. Notifications, Digests, and Support

Owner notification emails and daily or weekly lead digest emails are convenience features and are not guaranteed delivery mechanisms. You should continue to review your Catchwise dashboard and lead queue directly. Support is email-based and does not include guaranteed 24/7 support, emergency support, or guaranteed response times unless a separate written agreement expressly provides otherwise. The Support Policy governs the terms of support in greater detail.

7. AI-Assisted Support Triage

Catchwise may use artificial intelligence (AI) tools to assist in classifying, summarizing, or triaging support requests using ticket descriptions, selected issue categories, severity, diagnostic metadata, provider events, application errors, recent lead activity, and related support context. AI-assisted triage is intended to help support issues be understood more efficiently. It does not replace human judgment where human review is required and does not constitute legal, compliance, financial, tax, or professional advice of any kind.

8. Third-Party Providers

Catchwise relies on third-party providers for hosting, database management, authentication, billing, payment processing, email sending and intake, phone numbers, SMS, voice and missed-call features, AI-assisted support triage, logging, diagnostics, monitoring, security, and operational tooling. Such providers may include, without limitation, Stripe, Supabase, Vercel, Resend, Twilio, OpenAI, and Google Workspace. Provider availability, limitations, outages, pricing, policies, compliance requirements, and changes may affect the Catchwise service. Catchwise is not responsible for issues arising from third-party provider failures or changes outside its reasonable control.

9. Account Access and Acceptable Use

The business owner is fully responsible for all activity conducted by authorized users and anyone accessing the account using the business's credentials. You are responsible for protecting your login credentials and limiting access to authorized users only. You must notify Catchwise promptly if you believe your account has been accessed without authorization. You must not use Catchwise to violate applicable law, send spam or deceptive messages, access another customer's data, interfere with infrastructure or providers, abuse forms, intake addresses, or phone numbers, upload malware, collect unnecessary sensitive information, evade rate limits or compliance checks, or otherwise violate the Acceptable Use Policy.

10. Intellectual Property and Feedback

Catchwise and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Catchwise service, software, trademarks, logos, and related materials. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Catchwise for your internal business purposes during your subscription term. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works of any part of the Catchwise service. You retain all ownership rights to the lead data you submit or capture through the service. If you provide any feedback, suggestions, or ideas regarding Catchwise, Catchwise may use such feedback without compensation or obligation to you.

11. Billing, Subscriptions, Taxes, Cancellation, and Refunds

Catchwise is offered as a subscription service unless a separate written agreement applies. Current prices, plan terms, trial terms, promotional terms, applicable taxes, and any usage-based charges are disclosed at checkout, within the application, on the website, or in a written agreement. Plans may include limits on users, forms, leads, messages, phone numbers, capture paths, storage, or other usage. Catchwise reserves the right to charge for SMS, phone numbers, carrier fees, add-ons, or overages as incurred. Paid subscriptions renew automatically until canceled. By subscribing, you authorize Catchwise and its payment provider to charge your payment method for recurring subscription fees, applicable taxes, add-ons, usage-based charges, and other disclosed amounts. Prices are tax-exclusive unless expressly stated otherwise. Catchwise may use Stripe Tax, Stripe, or another billing provider to calculate, collect, report, or remit applicable taxes where required or configured.

Cancellation may stop or limit new lead capture, owner alerts, digests, auto-response, phone and SMS features, hosted form availability, email intake, dashboard access, and related workflows. If Catchwise has provisioned a phone number for your account, cancellation may schedule that number for release after any grace period disclosed in the application or a written agreement. Once released, a number may not be recoverable. Refund and cancellation terms are governed by the Refund and Cancellation Policy.

12. Data Ownership and Data Use

You retain ownership of the business lead information submitted to or captured through your Catchwise workspace, subject to these Terms and the Privacy Policy. Catchwise may process account, business, lead, support, diagnostic, provider, billing, tax, and usage information as necessary to provide the service, improve reliability, troubleshoot issues, prevent abuse, comply with legal obligations, and operate the business. You are solely responsible for the accuracy and legality of the data you submit, import, forward, capture, or store through Catchwise.

13. Export, Deletion, Retention, and Service Changes

Catchwise may provide lead export tools where available. Data export is not guaranteed and may be limited by account status, technical availability, data format, retention status, and provider limitations. You may contact support to request access, correction, export, or deletion of certain information, subject to legal, billing, tax, accounting, fraud-prevention, abuse-prevention, security, backup, operational, provider, dispute, and recordkeeping limitations. Catchwise is an evolving SaaS product and may add, remove, pause, rename, redesign, or limit features, providers, plans, pricing, workflows, and policies over time. Certain features may be beta, experimental, or early access, and such functionality may be unreliable, subject to change, or removed without notice.

14. Suspension or Termination

Catchwise may suspend or terminate your account, or suspend specific features, if your account violates these Terms or any other Catchwise policy; creates legal, security, deliverability, provider, carrier, compliance, reputational, fraud, payment, tax, or operational risk; has failed payment or canceled status; appears to have been accessed without authorization or abused; or could harm Catchwise, its affiliates, successors, and assigns, other customers, recipients, providers, or the public. Catchwise reserves the right to take such action without prior notice where circumstances reasonably require it.

15. No Professional Advice

Catchwise does not provide legal, tax, financial, employment, marketing-compliance, messaging-compliance, or other professional advice. You are solely responsible for your business decisions and for obtaining independent professional advice where required.

16. Disclaimers and Limitation of Liability

CATCHWISE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CATCHWISE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CATCHWISE DOES NOT GUARANTEE UNINTERRUPTED, ERROR-FREE, OR CONTINUOUS AVAILABILITY OF THE SERVICE. CATCHWISE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING GUARANTEED DELIVERY, GUARANTEED CAPTURE, GUARANTEED FOLLOW-UP, GUARANTEED REVENUE, GUARANTEED LEGAL COMPLIANCE, OR THAT EVERY OPPORTUNITY WILL BE SUCCESSFULLY CAUGHT OR PROCESSED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CATCHWISE, ITS AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES, MISSED JOBS, LOST LEADS, LOST DATA, DOWNTIME, PROVIDER FAILURES, TELECOMMUNICATIONS OR MESSAGING FAILURES, EMAIL FAILURES, CARRIER FILTERING, DELAYED DELIVERY, FAILED DELIVERY, SECURITY INCIDENTS, UNAUTHORIZED ACCESS, OR DATA LOSS, EXCEPT TO THE EXTENT LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW (SUCH AS IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT). IN NO EVENT SHALL CATCHWISE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO CATCHWISE FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. To the extent such limitations are not permitted under applicable law, they shall apply to the fullest extent permitted.

17. Indemnification

You agree to defend, indemnify, and hold harmless Catchwise, its affiliates, successors, assigns, 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: (a) your use of Catchwise; (b) your violation of these Terms, applicable law, or any third-party right; (c) your communications with leads or customers; (d) data you submit, forward, import, capture, or store through Catchwise; (e) your use of phone, SMS, email, form, or auto-response features; or (f) your failure to obtain required permissions, consents, or registrations.

18. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict-of-law principles, except to the extent that applicable law requires otherwise. Any dispute arising out of or relating to these Terms that is not subject to a separate written agreement shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, rather than in court. The arbitration shall take place in Rhode Island and may be conducted remotely unless AAA rules or the arbitrator require otherwise. You and Catchwise agree to waive any right to a jury trial or to participate in a class action, collective action, or representative proceeding. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitration shall be conducted on an individual basis only. If any part of this arbitration agreement is found to be unenforceable, the remainder shall remain in full force and effect. Fee allocation shall be governed by AAA rules and applicable law. Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction (which may be sought without bond) to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, unauthorized access, data security threats, or platform abuse.

19. General Provisions

Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

Amendments: Catchwise may update these Terms from time to time. Material changes may be communicated via email, in-app notice, or posting on the Catchwise website. Your continued use of Catchwise after the effective date of any revision constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of Catchwise.

Notices: Notices to you may be sent to the email address associated with your account. Notices to Catchwise must be sent to support@catchwise.app or another designated legal notice address.

Assignment: You may not assign or transfer these Terms without Catchwise's prior written consent. Catchwise may freely assign these Terms in connection with a merger, acquisition, restructuring, asset sale, financing, or business transfer, unless prohibited by law.

Severability and Waiver: If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. The failure of Catchwise to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Survival: Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to Intellectual Property, Billing (for accrued obligations), Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution, Data Retention, and General Provisions.

Entire Agreement and Order of Precedence: These Terms, together with the Privacy Policy, Acceptable Use Policy, Support Policy, Data Retention Policy, Refund and Cancellation Policy, and SMS and Messaging Limitations, constitute the entire agreement between you and Catchwise regarding the service. In the event of a conflict, the order of precedence shall be: (1) any mutually executed written agreement; (2) checkout terms; (3) these Terms of Service; and (4) the supplemental policies.

Force Majeure: Catchwise shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, war, strikes, labor disputes, internet or telecommunications outages, provider failures, or governmental action.