1. Acceptance of These Terms
These Terms of Service (the "Terms") are a binding agreement between Trinity CRM LLC, a Florida limited liability company doing business as CatchCRM ("CatchCRM," "we," "us," or "our"), and the business or individual that creates an account or uses the CatchCRM platform ("Customer," "you," or "your"). By creating an account, clicking to accept, or using the Service, you agree to these Terms, our Acceptable Use and Messaging Policy, and our Privacy Policy, each of which is incorporated into these Terms by reference.
If you are accepting these Terms on behalf of a company, you represent that you have authority to bind that company. The Service is intended for business use only and is not offered to consumers for personal, family, or household purposes.
2. The Service
CatchCRM is a software platform that provides customer relationship management, dispatch and field operations tools, SMS and email messaging tools, outbound calling and automated dialer features, call recording and voicemail tools, automations, artificial intelligence features, invoicing, estimates, and related features (the "Service").
CatchCRM is a software provider only. We are not a marketing agency, a telecommunications carrier, a payment processor, a law firm, or a compliance service. We provide the software infrastructure; we do not initiate, create, send, or control the content, timing, or recipients of any communication made through the Service. Every call, text, voicemail, and email sent through the Service is initiated by you or by automations you configure, at your direction, and under your sole control and responsibility.
3. Accounts and Credential Security
You must provide accurate registration information and keep it current. You are responsible for all activity that occurs under your account, including activity by your employees, contractors, and anyone you allow to access it, and including activity by anyone who accesses your account using credentials that were lost, shared, stolen, or compromised through no fault of ours.
You are responsible for maintaining the security of your login credentials, enabling available security features such as two-factor authentication, using strong unique passwords, and promptly removing access for departed staff. Notify us immediately at office@catchcrm.ai of any suspected unauthorized use of your account. We are not liable for losses arising from your failure to secure your credentials or to implement security measures we make available or recommend.
4. Your Data: Ownership and Our Limited Use
You retain all rights, title, and interest in and to the data you and your end customers submit to the Service, including contact lists, messages, call recordings, customer records, invoices, and estimates ("Customer Data").
You grant us a limited, non-exclusive license to host, store, process, transmit, and display Customer Data solely as needed to provide, secure, and support the Service, to comply with law, and as otherwise permitted by our Privacy Policy.
We do not sell Customer Data. We do not rent it, trade it, or use your contact lists for our own marketing or for the benefit of any other CatchCRM customer, and we do not use Customer Data to train generalized artificial intelligence models. Your data is yours. We may use aggregated, de-identified data that does not identify you or any individual to operate, benchmark, and improve the Service.
You are responsible for the accuracy and lawfulness of Customer Data, including having the legal right to upload and use every contact record you bring into the Service.
5. Your Legal Compliance Responsibilities
You are solely responsible for your use of the Service complying with all laws, regulations, carrier requirements, and industry rules that apply to you and to the people you contact, in every jurisdiction where you operate or where your recipients are located. These vary by country, state, and region, and they change over time. Without limiting that responsibility, you are responsible for compliance with:
- Telephone, calling, and text messaging laws, including the U.S. Telephone Consumer Protection Act (TCPA) and its rules on automated dialing and artificial, prerecorded, and AI-generated voices, FCC rules, the Telemarketing Sales Rule, the Florida Telephone Solicitation Act and other state "mini-TCPA" laws, and federal and state Do Not Call registries.
- Call recording and monitoring laws, including state laws such as Florida's that require the consent of all parties before a call is recorded.
- Caller identification laws, including the Truth in Caller ID Act's prohibition on transmitting misleading or inaccurate caller ID information.
- State telemarketing registration, licensing, and bonding requirements that may apply to your business before you place sales calls into certain states.
- Email marketing laws, including the U.S. CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), and the EU and UK ePrivacy rules.
- Data protection and privacy laws, including the EU and UK GDPR and U.S. state privacy laws, with respect to the personal information you collect and process about your own customers.
- Carrier and ecosystem requirements, including A2P 10DLC brand and campaign registration, toll-free verification, STIR/SHAKEN and robocall mitigation requirements, and applicable CTIA guidelines.
- Laws governing the use of artificial intelligence in your jurisdiction and your recipients' jurisdictions, including any requirements to disclose that a person is interacting with an automated system.
- Obtaining, documenting, and honoring the required level of consent before contacting any person, and honoring every opt-out, unsubscribe, and do-not-call request.
- Any licensing, registration, or authorization your own business or industry requires.
The Service will not stop you from calling, texting, or emailing someone you do not have consent to contact, and it cannot verify that your consent records, sending practices, or content are lawful. Features such as opt-out keywords, unsubscribe links, suppression lists, quiet-hours settings, and recording notices are tools designed to support your compliance efforts. They are provided as a convenience, they depend on how you configure and use them, and they are not a guarantee of compliance. You must not rely on the Service as your compliance program.
6. Calling and Dialer Features
The Service may include outbound calling tools, including click-to-call, automated and power dialing, call queues, voicemail drops, call recording, and AI-assisted voice features (together, "Calling Features"). Calling Features are subject to heightened legal requirements, and you acknowledge and agree that:
- You are solely responsible for determining whether your use of any dialing mode requires prior express consent or prior express written consent under the TCPA, state law, or the law of the recipient's location, and for obtaining and documenting that consent before placing calls.
- Prerecorded, artificial, and AI-generated voice calls, including voicemail drops and ringless voicemail, are subject to strict consent rules and may be treated as regulated calls even where the phone does not ring.
- You will not enable call recording in any jurisdiction without providing the notices and obtaining the consents that jurisdiction requires. Call recording and its settings are configuration choices that you control.
- You will use accurate caller ID information that identifies you or your business, and you will not transmit misleading or spoofed caller ID.
- You will comply with abandoned call limits, calling time restrictions, identification requirements, and in-call do-not-call request handling under the Telemarketing Sales Rule and state law.
- You will register, obtain licenses, and post bonds where state telemarketing laws require it before calling into those states.
- Emergency calling (911 and equivalents) is not supported through the Service, and you will not rely on the Service to place emergency calls.
We do not screen your call lists, scripts, dialing configurations, or recordings for legal compliance, and we have no obligation to do so.
7. AI Features
The Service includes features that use artificial intelligence, which may include AI-drafted messages and replies, AI voice and chat agents, call summaries and transcriptions, and automation suggestions ("AI Features"). AI Features may be powered in part by third-party model providers under agreements that prohibit them from using your data to train their generalized models.
AI-generated output is produced by statistical models. It can be inaccurate, incomplete, outdated, or inappropriate for your situation, and it may occasionally produce content that appears confident but is wrong. You are responsible for reviewing AI output before relying on it or sending it to any person, and for everything your configured AI agents say and do, to the same extent as if you had written or said it yourself. AI output is not legal, financial, medical, or other professional advice.
You are responsible for ensuring that your use of AI Features is lawful in your jurisdiction and the jurisdictions of your recipients, including any obligation to disclose that a caller or chat participant is automated. We may add, change, meter, restrict, or discontinue AI Features at any time, including where required by our model providers or by law.
8. Credits and Usage-Based Billing
Certain features, including SMS and MMS segments, outbound calling minutes, email sends, phone number rentals, and AI Feature usage, are billed through prepaid usage credits or wallet balances ("Credits") in addition to or instead of subscription fees. Unless we expressly state otherwise in writing:
- Credits are prepaid amounts for future usage. They are not money, deposits, or stored value, they have no cash value, they are non-transferable between accounts, and they may not be redeemed for cash.
- Credits are consumed at the usage rates in effect at the time of use. Usage rates, including AI Feature rates, may change with notice through the Service, and carrier surcharges and pass-through fees may change without notice when carriers change them.
- Purchased Credits expire twelve (12) months after purchase if unused. Promotional, complimentary, or trial Credits may expire sooner, may be modified or revoked at any time, and are consumed before purchased Credits.
- Credits are non-refundable, including on cancellation or termination of your account, except where a refund is required by law or expressly agreed in writing. Unused Credits are forfeited when your account closes.
- If you enable auto-recharge, your payment method will be charged automatically when your balance falls below your selected threshold, until you disable it.
- We may suspend usage-based features when your Credit balance is exhausted or your payment method fails, without liability for interrupted campaigns, automations, or communications.
- AI Feature usage is metered per use (for example per generation, per minute of AI voice, or per conversation, as described in the Service), and metered usage is charged even where you choose not to use the output.
9. No Legal Advice
Nothing in the Service, our documentation, our support communications, our templates, or our AI output is legal advice. Guidance we provide about calling, messaging, or privacy rules is general information only and may be incomplete or out of date. You are responsible for obtaining your own legal counsel regarding the laws that apply to your business and your communications.
10. Acceptable Use
Your use of the Service is subject to our Acceptable Use and Messaging Policy. We may suspend or terminate access, remove content, block sending or calling, or require changes to your campaigns if we believe, in our reasonable discretion, that your use violates that policy, these Terms, applicable law, or carrier requirements, or creates risk for us, our infrastructure, or other customers. We may act without prior notice where we believe the risk is significant, and we are not obligated to monitor your use or content.
11. Carriers, Phone Numbers, Domains, and Third-Party Services
The Service depends on third parties we do not control, including telecommunications carriers, SMS and voice aggregators, email delivery providers, AI model providers, payment processors, and hosting providers. Carriers and providers may filter, delay, block, or refuse messages and calls at their discretion, may impose registration requirements and fees, and may change their rules at any time. We do not guarantee delivery, deliverability rates, answer rates, connection quality, sending speeds, or any particular business outcome.
Phone numbers, short codes, and sending domains provisioned through the Service are licensed for your use during your subscription, not sold to you. Carriers and registries retain rights over numbers and may reclaim, suspend, or reassign them, and numbering rules may force changes we cannot prevent. We will make reasonable efforts to support porting where the ecosystem allows it, but we do not guarantee that any number or domain will remain available to you.
Fees, penalties, or fines that a carrier, aggregator, registry, or regulator imposes as a result of your messaging or calling activity are your responsibility, and you agree to reimburse us for any such amounts we are charged because of your use.
If you connect third-party integrations to your account, your use of those services is governed by their terms, and we are not responsible for their acts, omissions, security, or availability.
12. Fees, Payment, and Chargebacks
You agree to pay the fees for your selected plan, usage-based charges, and Credits as described at purchase or in your order. Subscriptions renew automatically at the then-current rates, and your payment method will be charged at each renewal until you cancel. Fees are exclusive of taxes, and you are responsible for all applicable taxes other than taxes on our income. Except where required by law or expressly stated otherwise, fees are non-refundable. We may change subscription pricing with advance notice, effective at your next renewal.
We may suspend the Service for accounts with overdue balances. If you initiate a chargeback or payment dispute that we reasonably determine to be invalid, we may suspend your account, recover the disputed amounts plus the costs and fees the dispute causes us, and require an alternative payment method before restoring service.
13. Availability, Maintenance, and Beta Features
We work to keep the Service available, but we do not guarantee any particular uptime and the Service is provided without a service level agreement unless one is separately signed. The Service may be interrupted by maintenance (scheduled or emergency), infrastructure failures, third-party outages, carrier incidents, and events beyond our control. We are not liable for the consequences of downtime, including missed messages, missed calls, delayed automations, or lost business.
We may offer alpha, beta, preview, early access, or similar features, which are provided as is, may be modified or discontinued at any time without notice, may be less reliable than generally available features, and may be excluded from support. We may also modify, deprecate, or discontinue any feature of the Service; where we discontinue a material feature, we will make reasonable efforts to give advance notice.
14. Data Loss, Backups, and Export
We maintain commercially reasonable backup practices for the platform as a whole, but backups are for disaster recovery of our systems and are not a substitute for your own records. You are responsible for maintaining independent copies of Customer Data that is critical to your business, and for exporting data you need before closing your account. To the maximum extent permitted by law, we are not liable for loss or corruption of Customer Data, including loss caused by your deletion of records, failed imports, integration errors, account compromise, or third-party failures.
15. Security Incidents, Unauthorized Access, and Attacks
We use commercially reasonable administrative, technical, and physical safeguards designed to protect the Service and Customer Data. However, no software, network, or security program is impenetrable, and you acknowledge that the Service may be subject to attacks, exploits, and unauthorized access attempts by third parties despite reasonable safeguards.
To the maximum extent permitted by law, and provided we have used commercially reasonable safeguards, we are not liable for damages arising from: (a) unauthorized access to or alteration, theft, encryption, or destruction of Customer Data by third parties, including through hacking, malware, ransomware, phishing, social engineering, or denial of service attacks; (b) interception or loss of data in transit over the internet; (c) compromise of your account through your credentials, your devices, or your users; or (d) vulnerabilities in third-party software, carriers, or services we do not control.
If we become aware of a security incident affecting your Customer Data, we will notify you and applicable regulators as required by law and will take commercially reasonable steps to contain and remediate the incident. Our obligations and liability in connection with any security incident are subject to the Limitation of Liability section below. You are responsible for your own incident obligations toward your customers, including any notices you are required to give them.
16. Term, Suspension, and Termination
These Terms apply while you use the Service. You may cancel at any time through your account or by contacting us. We may suspend or terminate your access for breach of these Terms or the Acceptable Use and Messaging Policy, for non-payment, for risk to the Service or other customers, or where required by law, a carrier, or a provider.
Upon termination, your right to use the Service ends and unused Credits are forfeited as described above. For a period of thirty (30) days after termination, we will make Customer Data available for export upon request, after which we may delete it in accordance with our retention practices, except where retention is required by law. Sections of these Terms that by their nature should survive termination, including data license limits, disclaimers, limitations of liability, and indemnification, survive.
17. Intellectual Property
We own the Service, our software, and all related intellectual property. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service, or access it to build a competing product. If you send us feedback or suggestions, we may use them without restriction or compensation.
18. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CALLING FEATURES, AI FEATURES, AND CREDITS, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT MESSAGES OR CALLS WILL BE DELIVERED OR CONNECTED, THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE FOR ANY PURPOSE, THAT DATA WILL NOT BE LOST OR ACCESSED WITHOUT AUTHORIZATION, OR THAT USE OF THE SERVICE WILL COMPLY WITH ANY LAW APPLICABLE TO YOU OR RESULT IN ANY PARTICULAR BUSINESS OUTCOME.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE PAID US NOTHING.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR: (A) YOUR VIOLATION OF ANY LAW, INCLUDING TELEMARKETING, CALLING, RECORDING, MESSAGING, SPAM, AI, OR PRIVACY LAWS; (B) THE CONTENT, TIMING, OR RECIPIENTS OF COMMUNICATIONS YOU SEND OR PLACE THROUGH THE SERVICE, INCLUDING COMMUNICATIONS GENERATED OR ASSISTED BY AI FEATURES; (C) YOUR FAILURE TO OBTAIN OR HONOR CONSENT, OPT-OUTS, OR RECORDING NOTICES; (D) ACTS OR OMISSIONS OF CARRIERS, AGGREGATORS, MODEL PROVIDERS, OR OTHER THIRD-PARTY PROVIDERS; (E) UNAUTHORIZED THIRD-PARTY ACCESS, HACKING, OR OTHER SECURITY INCIDENTS AS DESCRIBED ABOVE; (F) LOSS OR CORRUPTION OF DATA; OR (G) CLAIMS BROUGHT AGAINST YOU BY YOUR OWN CUSTOMERS OR BY ANY PERSON YOU CONTACTED. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow certain exclusions or limits, so parts of this section may not apply to you.
20. Indemnification
You will defend, indemnify, and hold harmless CatchCRM, its members, managers, officers, employees, and agents from and against any claims, demands, investigations, actions, damages, fines, penalties, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data or content you send, place, or generate through the Service, including through Calling Features and AI Features; (b) your violation of any law or regulation, including the TCPA, the Telemarketing Sales Rule, FCC rules, state telemarketing and call recording laws, the Truth in Caller ID Act, CAN-SPAM, CASL, GDPR, or other privacy, messaging, calling, or AI laws; (c) claims by any person you contacted through the Service, including class actions; (d) your violation of these Terms or the Acceptable Use and Messaging Policy; (e) unauthorized use of your account resulting from your failure to secure your credentials; or (f) your products, services, and dealings with your own customers. We will notify you of any claim subject to indemnification, and we may participate in the defense with counsel of our choosing at our expense.
21. Dispute Resolution; Governing Law; Class Action Waiver
These Terms are governed by the laws of the State of Florida, without regard to conflict of laws rules. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Broward County, Florida. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court for intellectual property misuse or unauthorized access.
BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Claims must be brought within one (1) year after the claim arises, to the extent permitted by law.
22. Changes to the Service and These Terms
We may modify the Service, add or remove features, and update these Terms from time to time. If we make material changes to these Terms, we will provide notice through the Service or by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
23. General
These Terms, together with the Acceptable Use and Messaging Policy, the Privacy Policy, and any order form, are the entire agreement between you and CatchCRM regarding the Service and supersede prior agreements on that subject. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, carrier outages, governmental actions, and cyberattacks or other malicious acts of third parties. You will comply with applicable export control and sanctions laws and will not use the Service in embargoed countries or for prohibited end uses. Notices to us should be sent to the contact address below; notices to you may be sent to the email on your account.
24. Contact
Trinity CRM LLC (d/b/a CatchCRM)
Email: office@catchcrm.ai
Mailing address: 2303 N Andrews Ave, Wilton Manors, FL 33311