Terms of Service

These Terms of Service (“Terms”) govern your access to and use of catalystcrm.net and any services provided by Catalyst CRM (“Catalyst CRM,” “we,” “us,” or “our”). By using the site or engaging our services, you agree to these Terms. If you do not agree, do not use the site or our services.

1. Services

Catalyst CRM provides website design and development, local SEO, CRM setup and management, missed-call text-back, booking automation, review automation, centralized messaging, AI-assisted calling and related digital marketing services to businesses.

The specific services, deliverables, timeline and fees for any engagement are set out in a separate written proposal, statement of work or order form (each, an “Order”). Each Order incorporates these Terms by reference. Where an Order conflicts with these Terms, the Order controls for that engagement.

2. Eligibility and account use

Our services are offered to businesses and to individuals acting on behalf of a business who are at least 18 years old and able to form a binding contract. You are responsible for the accuracy of the information you provide and for all activity under any account credentials we issue to you. Notify us immediately of any unauthorized use.

3. Fees, billing and refunds

• Fees, billing frequency and payment method are specified in your Order. Unless stated otherwise, recurring fees are billed monthly in advance and one-time fees at the start of the engagement.
• Subscriptions renew automatically for successive periods until cancelled under Section 4.
• Invoices are due on receipt unless the Order states otherwise. Amounts more than 10 days past due may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower, and we may suspend services after written notice.
• Fees are exclusive of taxes. You are responsible for applicable sales, use and similar taxes.
• Third-party pass-through costs (domains, hosting, software licenses, ad spend, phone numbers, messaging fees) are your responsibility and are billed at cost unless the Order states otherwise.
• Except where required by law or expressly stated in an Order, fees are non-refundable. Prepaid amounts for services not yet performed at the effective date of a permitted cancellation are refundable pro rata.

4. Term, cancellation and suspension

Month-to-month engagements may be cancelled by either party with 30 days’ written notice, effective at the end of the then-current billing period. Fixed-term engagements run for the term stated in the Order. We may suspend or terminate services immediately for non-payment after notice, for breach of these Terms, or for use of our services in a manner that is unlawful or that puts our platform, domain or messaging reputation at risk.

5. Client responsibilities

You agree to:

• Provide content, brand assets, access credentials, approvals and feedback in a timely manner. Delays on your side extend our timelines accordingly.
• Ensure you own or have the right to use all content, trademarks, images, testimonials and data you supply, and that they do not infringe any third-party rights.
• Comply with all laws applicable to your business and to the marketing we perform on your behalf, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing and Do Not Call rules, carrier messaging policies and applicable privacy laws.
• Obtain and maintain valid, documented consent for every contact record you upload to, or ask us to message through, any system we manage for you.
• Maintain your own backups of business-critical data.

6. Intellectual property

Your content

You retain ownership of all content, data, trademarks and materials you provide. You grant us a non-exclusive license to use them solely to perform the services.

Deliverables

Upon full payment of all amounts due for a given deliverable, we assign to you ownership of the final, custom deliverables produced specifically for you under that Order — for example your website design files, page copy written for you, and your brand assets as delivered.

Our materials

We retain all rights in our pre-existing and general-purpose materials, including templates, frameworks, code libraries, workflow and automation architectures, snapshots, prompts, processes and know-how, whether developed before or during the engagement. We grant you a perpetual, non-exclusive, non-transferable license to use those materials as embedded in your deliverables. You may not resell, sublicense or redistribute them on a standalone basis.

Third-party platforms

Where deliverables are built on a third-party platform (including our CRM and automation platform), your continued use of those deliverables depends on maintaining an active subscription to that platform. Assets built inside a third-party platform may not be exportable in full.

Portfolio

Unless you tell us otherwise in writing, we may identify you as a client and display non-confidential work we produced for you in our portfolio and marketing.

7. Third-party services

Our services depend on third-party platforms and providers, including CRM, telephony, messaging, hosting, domain, analytics, advertising and payment providers. Their availability, pricing, policies and features are outside our control. We are not responsible for outages, policy changes, account suspensions, campaign or number registration rejections, or price increases imposed by those providers.

8. Results and no guarantee

Digital marketing outcomes depend on many factors we do not control, including your market, offer, pricing, responsiveness to leads, competition, and search engine and platform algorithms. We do not guarantee any specific ranking, traffic volume, lead volume, conversion rate, appointment count or revenue outcome. Any figures, case studies or examples we present describe past results for specific clients and are not a promise or projection of your results.

9. Disclaimer of warranties

Except as expressly stated in an Order, the site and services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the site or services will be uninterrupted, timely, secure or error-free.

We do not provide legal, tax, accounting or regulatory advice. Materials we provide regarding privacy, messaging consent or telemarketing compliance are for general information only and are not a substitute for advice from your own licensed attorney.

10. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or business interruption, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms or the services, whether in contract, tort or otherwise, will not exceed the total fees you paid to us for the services giving rise to the claim during the six months immediately preceding the event giving rise to the claim.

11. Indemnification

You agree to defend, indemnify and hold harmless Catalyst CRM and its owners, employees and contractors from any claim, demand, loss, liability, damage, penalty, fine or expense (including reasonable attorneys’ fees) arising out of or related to: (a) content, data or contact lists you provide; (b) your violation of these Terms or of any law, including TCPA, CAN-SPAM, Do Not Call or privacy law; (c) your products, services or business operations; or (d) claims that materials you supplied infringe a third party’s rights.

12. Confidentiality

Each party will protect the other’s non-public business information disclosed in connection with the services with at least reasonable care, and will use it only to perform or receive the services. This does not apply to information that is public through no fault of the receiving party, independently developed, rightfully received from a third party, or required to be disclosed by law.

13. Acceptable use of the website

You may not use this site to: violate any law; infringe intellectual property; transmit malware; attempt to gain unauthorized access to our systems; scrape or harvest data by automated means without written permission; interfere with the site’s operation; or misrepresent your identity or affiliation.

14. Dispute resolution and governing law

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules. The parties will first attempt to resolve any dispute in good faith through direct negotiation for 30 days. Any dispute not resolved will be brought exclusively in the state or federal courts located in Clark County, Nevada, and both parties consent to personal jurisdiction and venue there. Each party waives any right to a jury trial and to participate in a class or representative action.

15. Force majeure

Neither party is liable for a failure or delay caused by events beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, government action, internet or utility failure, or third-party platform outage.

16. General

• Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, employment or agency relationship.
• Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition or sale of assets.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• Waiver. A failure to enforce a provision is not a waiver of it.
• Entire agreement. These Terms together with any applicable Order are the entire agreement between the parties on this subject and supersede prior discussions.
• Changes. We may update these Terms. Material changes take effect 30 days after we post them or notify you. Continued use after that constitutes acceptance.

17. Contact

Catalyst CRM
Email: [email protected]
Phone: (702) 410-6267 (NV) or (562) 539-2523 (CA)

See also our Privacy Policy and Cookie Notice.