CatchAll™ Terms and Conditions
These Terms and Conditions (“Terms”) describe the terms and conditions on which CatchAll Inc., with an address at 170 N Sycamore, Los Angeles, CA 90036, d/b/a CatchAll ("CatchAll”, “we”, “us”, or “our”) provides our CatchAll mobile application, website, and/or all related content (collectively, the “App”).BY ACCESSING AND USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
1. Modifications We may update, change, modify, or revise these Terms, or any portion thereof, at any time and for any reason. Any changes will become effective upon posting to the App, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the bottom of these Terms. Your continued access to and/or use of the App after any such modifications constitutes your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates. Please contact us as provided in the Contact Us section below if you would like information regarding any modifications.
2. Use CatchAll hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the App solely for your personal, non-commercial use in accordance with these Terms. CatchAll may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the App, or (b) change, revise, or modify the App. If you download the App through the Apple App Store, Google Play or other app store or distribution platform (“App Provider”), you acknowledge and agree that: (i) these Terms are between us, and not with the App Provider, and that we are responsible for the App, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you.
3. Ownership/Intellectual Property Rights The App, and all software, systems, technology, and know-how thereon (“CatchAll Technology”) are owned by or licensed to CatchAll and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the App are owned by or licensed to CatchAll and protected by trademark laws (collectively, the “Marks”). You agree that CatchAll or its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the App, Marks, and CatchAll Technology (collectively, the “CatchAll Intellectual Property”), and that no interest therein is transferred to you except for a limited, personal right to use such solely in connection with the App. Without limiting the forgoing, the App, including without limitation all text, graphics, logos, buttons, icons, images, video, are the property of CatchAll or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws.
4. Restrictions on Use You agree not to: Reproduce or distribute the App;adapt, alter, modify, reverse engineer, disassemble, or decompile the App;prepare derivative works based on the App or any CatchAll Technology;remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the App or any CatchAll Technology;frame, mirror, or in-line link the App, or incorporate into another website, application, or other service any CatchAll Intellectual Property;use the App or the CatchAll Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;interfere with any access control measures or attempt to disable or circumvent such security features;post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;submit or post any false or misleading information; and/orviolate, infringe, or misappropriate applicable law, any third party terms, the intellectual property, publicity, privacy, or other proprietary rights of CatchAll, its licensors, or any other person or entity. We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the App, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms and/or applicable law. Any unauthorized use automatically terminates the license granted to you hereunder.
5. AccountsTo participate in the App, you will be required to create an account. You agree to provide and maintain true, accurate, current, and complete information about yourself. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your login and/or account. CatchAll shall not be liable for any loss or damage arising from your failure to comply with these obligations. You may not transfer or assign your account.
6. User Content/Submissions You are solely responsible for any information (including, without limitation any ideas, suggestions or proposals), content, or material you transmit to or through the App or otherwise to us (“Submissions”). You understand that, except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, Submissions are considered non-confidential and non-proprietary. Furthermore, you grant CatchAll an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to CatchAll and grant the licenses set forth above; (b) CatchAll will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms and all applicable laws and regulations. CatchAll takes no responsibility and assumes no liability for any Submission. Notice Regarding Copyright Agent: CatchAll respects the intellectual property rights of others and requests that users of our App do the same. If you believe that any content on the App violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) containing the following: • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;• Identification of the copyrighted work claimed to have been infringed;• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit CatchAll to locate the material;• The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;• A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and• A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Copyright infringement claims and notices should be sent to: Copyright@catchall.net
7. Disclaimer of Warranties THE APP IS PROVIDED "AS IS”. CATCHALL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CATCHALL DOES NOT GUARANTEE THAT THE APP WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. If you are dissatisfied with the App in any way, your sole and exclusive remedy is to discontinue accessing and using the App.
8. Limitation of Liability IN NO EVENT SHALL CATCHALL OR ITS LICENSORS, BUSINESS PARTNERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR THIRD PARTY FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE APP OR THESE TERMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF CATCHALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS ARE THE BASIS FOR THE BARGAIN OF CATCHALL’S PROVISION OF, AND YOUR USE OF THE APP.
9. Indemnification You agree to defend, indemnify, and hold harmless CatchAll and its licensors from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms.
10. Electronic Communications You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.
11. Payment You must have valid ACH information or a valid debit card or credit card on file with CatchAll or our payment processors as an (“Authorized Payment Method”) in order to receive certain subscriptions that may be available through the App. Subscription services shall be billed monthly. By accepting these Terms and loading an Authorized Payment Method, you authorize us to draw amounts of the applicable subscriptions using the Authorized Payment Method. You will pay all fees associated with the App, if any, according to CatchAll’s current pricing information. Upon your failure to make an Authorized Payment Method available, CatchAll may immediately suspend or terminate any paid services through the App. To the maximum extent permitted by applicable law, CatchAll may change the fees for use of the App by notifying Customer via email or other written notification through the App. Changes to App fees, membership rates and/or surcharges will be effective upon thirty (30) days after notification. You may cancel your subscriptions or account at any time by emailing us at support@catchall.net or as otherwise directed through the App. Please note that you must cancel your subscription before it renews for a subsequent month in order to avoid being charged for the next month's subscription fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current monthly subscription period. Except as required by applicable law, refunds will not be provided for any subscription.
12. Links The App and our emails may contain links to other third party websites and social media pages (“Linked Sites”). These Terms only apply to the App and do not apply to any Linked Sites. We encourage you to read and understand the terms of use of any Linked Sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Sites.
13. International UseThe App is controlled, operated, and administered by us from offices within the United States of America. We make no representation regarding use of the App outside of the United States. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
14. Governing Law/Jurisdiction/Claim Limitation These Terms are governed by the laws of the State of California. Any action or suit related to these Terms must be brought in the state or federal courts sitting in San Francisco, California, provided however, that we may seek equitable relief in any jurisdiction. Any cause of action brought against us must be commenced within one (1) year after the claim or cause of action arose. You and CatchAll each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
15. Violation of these Terms of Use and Remedies CatchAll may, in its sole discretion and without prior notice, block and/or terminate your access to the App if we determine that you have violated these Terms. Any violation, or threatened violation, by you of these Terms will cause irreparable harm to CatchAll, and therefore you agree that CatchAll shall be entitled to injunctive or equitable relief without the necessity of posting a bond, in addition to any other available remedies.
16. General Provisions If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms shall continue in full force and effect. CatchAll’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by CatchAll will be effective unless in writing. These Terms and any payment schedules constitute the entire agreement between CatchAll and you with respect to your use of the App.
17. Contact Us. If you have any questions or concerns about the App, please contact us at Support@catchall.net Last Updated: September 2, 2023