Terms of Service

These Terms govern your use of CatchSera for Business, provided by Smart Zone Corp ("CatchSera", "we", "us"). By using the website or starting a subscription or free trial, you agree to these Terms.

1. The service

CatchSera provides an AI voice-reception and messaging service: an AI agent answers your inbound calls, captures caller information, and presents it on a dashboard where your team takes action and can dispatch jobs to team members. CatchSera captures and surfaces information; your team makes all final decisions. CatchSera does not book, manage, or modify your appointments or calendars.

2. Not for emergencies

CatchSera is not an emergency service and is not a substitute for 911 or any emergency, medical, or crisis line. You will not use or hold out the service for emergency calls, and you are responsible for directing callers with an emergency to contact emergency services directly. CatchSera is not liable for any outcome of an emergency or urgent call.

3. Accounts & eligibility

You must be able to form a binding contract and use the service for a business. You're responsible for all activity under your account and for keeping your credentials secure.

4. Free trial, billing & taxes

• Subscriptions begin with a 7-day free trial. You add a payment method to start; you are not charged during the trial.
• Auto-renewal: if you do not cancel before the trial ends, your plan begins and your card is automatically charged the monthly fee through our processor, Stripe, and on each monthly renewal until you cancel.
• Each plan includes a monthly allowance of voice minutes and text messages; usage beyond the allowance is billed at the plan's overage rate, and pay-as-you-go overage (if you enable it) is billed on your next invoice.
• Fees are exclusive of applicable taxes (including any Massachusetts sales/use tax) and telecom/regulatory pass-through charges, which you are responsible for.
• If a payment fails, we may retry, and we may suspend the service until payment is resolved.

5. Cancellation & refunds

Plans are month-to-month. You may cancel anytime, effective at the end of your current billing period; you keep access through that period. Fees already paid are non-refundable except where required by law.

6. Acceptable use & your responsibilities

You agree to use the service lawfully and only for your business. You are responsible for, and represent that you will:

• obtain every consent the law requires to record your calls (including all-party/two-party consent where applicable) and to text your callers;
• comply with telecom and privacy rules, including TCPA, SMS/A2P consent and opt-out, quiet-hours, and do-not-call requirements;
• provide your callers any notices your jurisdiction requires; and
• not misuse, resell, reverse-engineer, overload, or attempt to disrupt or gain unauthorized access to the service.

As between us, you are the controller of your callers' data and are responsible for the lawfulness of collecting and processing it.

7. AI service — accuracy & human oversight

The service uses automated/AI systems. AI can mishear, misclassify, or occasionally miss a call, and no answering service captures 100% of calls. The service is provided to assist your team, not to replace human judgment; its output is not professional, legal, medical, or financial advice. You agree to keep a human in the loop for any decision that matters and not to rely on the AI as your sole safeguard.

8. Customer data & privacy

Your data remains yours. We process caller data on your behalf under a Data Processing Agreement, as described in our Privacy Policy. We do not sell your data or use it to train third-party AI models. A Business Associate Agreement (BAA) is available on our Healthcare plan if you handle protected health information. You may request export of your data during your subscription.

9. Intellectual property

The service, software, models, and content are owned by CatchSera. You receive a limited, non-exclusive, non-transferable right to use the service during your subscription. Your data and your content remain yours, and you grant us only the rights needed to operate and improve the service for you.

10. Third-party services

The service relies on third parties — including payment processing (Stripe), telecom carriers, and cloud and AI providers. We are not responsible for the acts, outages, or failures of third-party services outside our reasonable control, and your use of them may be subject to their own terms.

11. Service availability & changes

We work to keep the service available and reliable, but it is provided "as is" and we do not guarantee uninterrupted or error-free operation. We may add, change, or deprecate features over time, and won't remove a core feature included in your active plan without reasonable notice.

12. Suspension & termination

We may suspend or terminate your access if you breach these Terms, fail to pay, use the service unlawfully, or create a security, legal, or operational risk to the platform or others — where practical, with notice and a chance to cure. You may stop using the service at any time. On termination, your right to use the service ends; we will make your data available for export for a reasonable period before deletion, consistent with our Privacy Policy.

13. Disclaimers

To the maximum extent permitted by law, the service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will meet your requirements, capture every call, or be uninterrupted, secure, or error-free.

14. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost or missed business, or lost or corrupted data, even if advised of the possibility. CatchSera's total aggregate liability for any claim is limited to the fees you paid to CatchSera in the 3 months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless CatchSera and its officers and staff from any claims, damages, losses, and expenses (including reasonable legal fees) arising from or related to: your use of the service; your content or data; communications with or recordings of your callers; your failure to obtain required consents or to comply with telecom, privacy, or recording laws; or your breach of these Terms.

16. Force majeure

Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including outages of carriers or cloud providers, internet failures, natural disasters, or government actions.

17. Changes to these Terms

We may update these Terms. Material changes will be posted here with an updated date and, where appropriate, additional notice; continued use after changes take effect means you accept the updated Terms.

18. Governing law & disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict-of-laws rules. Before filing a claim, the parties will try in good faith to resolve it informally by contacting each other. Any dispute that isn't resolved informally will be brought exclusively in the state or federal courts located in Massachusetts, and each party consents to that venue. To the extent permitted by law, the parties waive any right to a jury trial.

19. General

These Terms (with the Privacy Policy and any DPA/BAA) are the entire agreement between you and CatchSera and supersede prior discussions. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Notices to you may be sent to your account email.

20. Contact

Questions? Email contact@catchsera.com or write to Smart Zone Corp, Boston, MA, USA.