Terms of Service

These Terms of Service ("Terms") are an agreement between you and Plotline Creative LLC, doing business as Catbird Seat ("Catbird Seat," "we," "us"). They cover our website and app at gocatbird.com and its subdomains, our former website address trycatbird.com, and the calls and text messages we handle on behalf of the home service contractors that subscribe to Catbird Seat (each a "Shop") (together, the "Service"). By using the Service, you agree to these Terms and to our Privacy Policy.

If you are a customer of a Shop and only receive calls or texts from it, section 1 is the part that applies to you.

1. Text messaging terms
2. The Service
3. Accounts
4. Shop responsibilities
5. Acceptable use
6. AI and accuracy
7. Fees
8. Your content and data
9. Our property
10. Third-party services
11. Term and termination
12. Disclaimers
13. Limitation of liability
14. Indemnification
15. Governing law and disputes
16. General
17. Contact us

1. Text messaging terms

The program

Shops use Catbird Seat to send text messages to their customers. Messages are sent under the Shop's name, from the Shop's business number, through the Service. They are about service you have asked the Shop for, and include:

• a recap of your call or request;
• appointment confirmations and reminders, and requests to confirm (for example, "Reply C to confirm");
• technician on-the-way and arrival updates, and schedule changes;
• invoices, receipts and payment reminders;
• replies to messages you send the Shop.

A Shop will send you marketing or promotional texts, such as seasonal tune-up offers, only if you have separately agreed to receive them. Agreeing to marketing texts is never a condition of buying any goods or services.

How you opt in

You agree to receive text messages from a Shop when you:

• text the Shop's number;
• agree on a call with the Shop, when asked whether the Shop may text you about your request; or
• give the Shop your mobile number and agree to receive texts when you book service, in person, on a form or online.

We keep a record of when and how you agreed.

More about the program

• Wireless carriers are not liable for delayed or undelivered messages.
• Messages are supported on major U.S. carriers. Delivery is not guaranteed.
• You must be the account holder of the mobile number, or have the account holder's permission, to opt in.
• If you change or give up your mobile number, reply STOP first, or tell the Shop, so texts are not sent to the next person with that number.
• Your information is handled under our Privacy Policy. We do not share your mobile number or text messaging consent with third parties for their marketing.

2. The Service

Catbird Seat provides AI-assisted software and support that runs a Shop's front office: answering calls and texts, taking messages, booking jobs, writing tickets, preparing invoices and following up on them. Specific features, service levels and pricing for a Shop are described in its order form or plan ("Order"). If an Order conflicts with these Terms, the Order controls.

We may change, add or remove features over time. If we remove a feature a Shop relies on in a material way, we will give reasonable notice.

3. Accounts

Shop users must be at least 18 and able to enter a contract for their business. You are responsible for keeping your login secure, for activity under your account, and for the users you invite. Tell us right away if you think your account has been used without permission.

4. Shop responsibilities

Each Shop is responsible for its use of the Service and its relationship with its customers, and agrees to:

• comply with all laws that apply to its calls and messages, including the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and call recording laws, and carrier and CTIA messaging guidelines;
• have, and keep records of, the consent required to text each customer, and send marketing texts only to customers who have given express written consent to receive them;
• give accurate business information for carrier registration of its number and messaging, and keep it current;
• review messages, invoices and other outputs the Service drafts before approving them where the Service asks for approval;
• have the right to provide us the information it gives us, and to let us process it to provide the Service.

We honor opt-outs across the Service automatically, and a Shop may not work around an opt-out.

5. Acceptable use

You may not use the Service to:

• send messages to people who have not consented, or who have opted out;
• send spam, phishing, or content that is unlawful, deceptive, harassing, hateful or sexually explicit, or that promotes illegal substances, firearms sales, gambling, high-risk financial services or debt collection outside a Shop's own invoices;
• use purchased, rented or shared phone lists;
• impersonate anyone, or hide the identity of the sender;
• interfere with, probe or overload the Service, or try to reach systems or data you are not authorized to access;
• copy, resell or reverse engineer the Service, or use it to build a competing product.

We may suspend messaging or access if we reasonably believe use violates these Terms, the law or carrier rules.

6. AI and accuracy

The Service uses AI to answer calls, understand requests and draft tickets, messages and invoices. AI can make mistakes. People at Catbird Seat check the crew's work, but the Shop remains responsible for its business decisions, prices, invoices, diagnoses and the work it performs. The Service does not give technical, legal, tax or safety advice. In an emergency involving fire, gas, carbon monoxide or danger to anyone, callers should contact 911 or their utility, not rely on the Service.

7. Fees

Shops pay the fees in their Order. Unless an Order says otherwise, fees are billed in advance, are non-refundable, and do not include taxes, which the Shop is responsible for. We may change prices at renewal with at least 30 days' notice. If payment is late, we may suspend the Service after notice.

8. Your content and data

Shops own the information they and their customers provide through the Service, including call recordings, transcripts, messages, tickets and invoices ("Shop Data"). Each Shop gives us permission to use Shop Data to provide, secure, support and improve the Service, as described in our Privacy Policy. We may use aggregated, de-identified data that does not identify any Shop or person to understand and improve the Service. A Shop can export its data while its account is active and for 30 days after it ends.

9. Our property

We own the Service, including its software, design, the Catbird Seat name, the crew characters and logos. These Terms do not give you any rights to them except the right to use the Service as allowed here. If you send us feedback, we may use it without obligation to you.

10. Third-party services

The Service connects to third-party services, such as telephony and messaging carriers and accounting software like QuickBooks. Your use of those services is governed by their terms, and we are not responsible for them or for outages on their side.

11. Term and termination

These Terms apply for as long as you use the Service. A Shop's subscription term is set by its Order. Either side may end the agreement if the other materially breaches it and does not fix the breach within 30 days of notice. We may suspend or end access right away for serious violations of section 5 or where required by law or a carrier. On termination, sections that by their nature should survive will survive, including sections 8 through 16.

12. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or error free, that every call will be answered, or that every message will be delivered.

13. Limitation of liability

To the fullest extent allowed by law, neither Catbird Seat nor its suppliers will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, jobs or data, even if advised they were possible. Our total liability for all claims relating to the Service is limited to the amount the Shop paid us in the 12 months before the claim arose, or $100 if you have not paid us anything. Some places do not allow these limits, so they may not apply to you.

14. Indemnification

Each Shop will defend and indemnify Catbird Seat against third-party claims, fines and costs arising from the Shop's messages or calls sent without required consent, its violation of law or these Terms, or the work it performs for its customers.

15. Governing law and disputes

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of law rules. Any dispute will be brought in the state or federal courts located in Hamilton County, Tennessee, and both sides consent to their jurisdiction. Before filing a claim, each side agrees to try to resolve the dispute informally by contacting the other for at least 30 days.

16. General

We may update these Terms. We will post the new version here and change the effective date above, and give notice of material changes through the Service or by email to Shop users. Continuing to use the Service after a change takes effect means you accept it. These Terms, the Privacy Policy and any Order are the whole agreement on this subject. If any part is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver. You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets. Neither side is liable for delays caused by events beyond its reasonable control.

17. Contact us

Plotline Creative LLC, d/b/a Catbird Seat
100 Cherokee Blvd., Suite 314
Chattanooga, TN 37405
Email: support@gocatbird.com
Phone: (423) 978-2112