Terms of Use

Effective Date: January 14, 2026

1. Acceptance of Terms

Welcome to Oystercatcher. These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Oystercatcher, LLC, a Connecticut limited liability company ("Oystercatcher," "we," "our," or "us"), governing your access to and use of the Oystercatcher website at oystercatcher.ai (the "Site") and our lead scoring and sales intelligence platform, including any associated applications, features, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

2. Description of Service

Oystercatcher is a business-to-business ("B2B") software-as-a-service ("SaaS") platform designed for healthcare sales teams. The Service provides:

  • Lead Scoring: AI-powered scoring of medical professional leads based on relevance, readiness, and reach criteria
  • Medical Professional Data: Access to information about healthcare providers compiled from public records
  • Vibe Targeting: Natural language processing to define ideal customer profiles
  • Campaign Management: Tools to create, manage, and track lead generation campaigns
  • Contact Exports: Ability to export lead contact information within subscription limits
  • Team Collaboration: Features for team-based lead management, assignments, and territories
  • CRM Integration: Connections to third-party customer relationship management systems
  • API Access: Programmatic access to platform features (where included in subscription)

The specific features available to you depend on your subscription tier. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3. Eligibility and Account Registration

3.1 Eligibility

To use the Service, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into a binding contract
  • Not be prohibited from using the Service under applicable law
  • Use the Service only for lawful business purposes

3.2 Account Registration

To access the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information to keep it accurate and complete.

3.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately at [email protected] of any unauthorized access or use of your account

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.4 Organization Accounts

If you create an account on behalf of an organization, you may invite other users to join your organization. Organization administrators are responsible for managing user access, permissions, and compliance with these Terms by all organization members.

4. Subscriptions and Payment

4.1 Subscription Plans

The Service is offered through various subscription tiers with different features, user limits, and pricing. Current subscription plans and pricing are available on our pricing page. We reserve the right to modify pricing with 30 days' notice.

4.2 Billing

Subscription fees are billed annually in advance for the full subscription term, unless otherwise agreed in writing. By subscribing, you authorize us to charge your designated payment method for all applicable fees when due.

4.3 Plan Seats

Each subscription plan includes a fixed number of user seats as described on our pricing page. Starter and Growth plans are billed as a flat annual fee regardless of how many of the included seats are in use, up to the plan's seat limit. Enterprise plans may include custom seat allocations or seat-based pricing as agreed in writing.

4.4 Usage Quotas

Subscription plans include monthly quotas for certain features, such as contact exports and AI-powered research. Quotas reset at the beginning of each calendar month within your subscription term. Unused quotas may roll over as specified in your plan terms, up to a maximum limit. Exceeding quotas may result in additional charges or temporary feature restrictions.

4.5 Payment Processing

Payment processing is handled by our third-party payment processor, Stripe, Inc. By providing payment information, you agree to Stripe's Services Agreement.

4.6 Failed Payments

If a payment fails, we will attempt to process the payment again and may suspend access to the Service until payment is received. We will provide notice of payment failures and an opportunity to update payment information before suspension.

4.7 Refunds

Subscription fees are non-refundable except where required by applicable law. If you cancel your subscription, you will retain access to the Service until the end of your current billing period, but no refund will be issued for the remaining period.

4.8 Taxes

Fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, VAT, and similar taxes. If we are required to collect taxes, they will be added to your invoice.

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful business purposes in accordance with these Terms. The Service is designed for healthcare sales and marketing professionals to identify and engage with medical professional leads.

5.2 Prohibited Conduct

You agree not to:

  • Violate any applicable federal, state, local, or international law or regulation
  • Use the Service for any fraudulent, deceptive, or misleading purpose
  • Send spam, unsolicited communications, or engage in harassment using data obtained from the Service
  • Violate the CAN-SPAM Act, TCPA, GDPR, or similar communications or privacy regulations
  • Use the Service to discriminate against any individual based on protected characteristics
  • Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
  • Modify, adapt, translate, or create derivative works based on the Service
  • Remove, alter, or obscure any proprietary notices on the Service
  • Use any automated means (bots, scrapers, spiders) to access or collect data from the Service beyond approved API usage
  • Resell, sublicense, or redistribute the Service or any data obtained from it without authorization
  • Use the Service to build a competing product or service
  • Benchmark or perform competitive analysis of the Service without our prior written consent
  • Upload or transmit viruses, malware, or other harmful code
  • Impersonate any person or entity or misrepresent your affiliation
  • Use the Service in any manner that could damage, disable, or overburden our infrastructure

5.3 Compliance with Healthcare Marketing Laws

When using medical professional data obtained through the Service, you are solely responsible for compliance with all applicable laws and regulations, including but not limited to:

  • CAN-SPAM Act: Requirements for commercial email communications
  • TCPA: Telephone Consumer Protection Act restrictions on calls and text messages
  • State Laws: State-specific telemarketing and email regulations
  • GDPR: General Data Protection Regulation for EU data subjects
  • Industry Codes: PhRMA Code, AdvaMed Code, and similar industry guidelines

5.4 API Usage

If your subscription includes API access, you agree to use the API in accordance with our API documentation and any rate limits we impose. We may suspend API access for excessive usage or abuse.

6. Medical Professional Data

6.1 Data Sources and Accuracy

The Service provides access to information about medical professionals compiled from publicly available sources, including the NPI Registry, state medical licensing boards, CMS Medicare data, and other public records. While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or currency of this data.

6.2 No Warranties on Data

Medical professional data is provided "as is" without warranties of any kind. You acknowledge that:

  • Public records may contain errors or outdated information
  • Professional status, licensure, and contact information may change
  • We are not the original source of this data and cannot verify its accuracy
  • You are responsible for verifying information before relying on it

6.3 Data Usage Restrictions

You agree to:

  • Use medical professional data only for legitimate business purposes
  • Comply with all applicable laws when contacting medical professionals
  • Respect opt-out requests and maintain suppression lists
  • Not resell, redistribute, or make available the raw data to third parties
  • Not use the data to harass, stalk, or harm any individual
  • Not use the data for discriminatory purposes

6.4 Medical Professional Inquiries

Medical professionals who wish to inquire about their information in our database or request corrections may contact us at [email protected].

7. User Content and Data

7.1 Your Data

"Your Data" means any data, content, or information that you upload, submit, or input into the Service, including campaign configurations, notes, tags, custom fields, and data imported from your CRM systems.

7.2 Ownership

You retain all ownership rights in Your Data. By using the Service, you grant us a limited, non-exclusive, royalty-free license to use, process, and display Your Data solely as necessary to provide and improve the Service.

7.3 Our Data

We retain ownership of all platform data, including medical professional data, lead scores, analytics, aggregated insights, and any data we generate through the Service. You receive only a limited license to access and use such data through the Service during your subscription.

7.4 Data Portability

Upon request, and subject to applicable law, we will provide you with a copy of Your Data in a standard format. We are not required to provide copies of our proprietary data or analytics.

7.5 Data Security

We implement industry-standard security measures to protect Your Data. However, no system is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining backups of Your Data.

8. Third-Party Integrations

8.1 CRM Integrations

The Service may integrate with third-party CRM systems (such as Salesforce, Microsoft Dynamics, Pipedrive, and Zoho CRM). Use of these integrations is subject to the terms and privacy policies of those third-party services.

8.2 Authorization

By connecting a third-party service, you authorize us to access, retrieve, and transmit data between the Service and the third-party service as necessary to provide the integration functionality.

8.3 Third-Party Terms

You are responsible for complying with the terms of service of any third-party services you connect. We are not responsible for the availability, accuracy, or performance of third-party services.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, icons, images, audio clips, and data compilations, is owned by Oystercatcher or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription term.

9.3 Trademarks

"Oystercatcher," our logo, and other marks are trademarks of Oystercatcher, LLC. You may not use our trademarks without our prior written consent.

9.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate the Feedback into the Service without any obligation to you.

10. Confidentiality

10.1 Confidential Information

Each party may have access to confidential information of the other party. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.

10.2 Obligations

Each party agrees to: (a) protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to third parties except as necessary to perform under these Terms; and (c) use Confidential Information only for purposes related to these Terms.

10.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully obtained from a third party without restriction.

11. Disclaimers

11.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 No Guarantees

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR CURRENT; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.3 Third-Party Data

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY THIRD-PARTY DATA, INCLUDING MEDICAL PROFESSIONAL INFORMATION COMPILED FROM PUBLIC SOURCES. YOU USE SUCH DATA AT YOUR OWN RISK.

11.4 Not Medical or Legal Advice

The Service is a business tool and does not provide medical, legal, or professional advice. You should consult appropriate professionals for advice specific to your situation.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OYSTERCATCHER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

12.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

12.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Oystercatcher and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of any third-party rights, including privacy or intellectual property rights
  • Your use of medical professional data, including any communications with medical professionals
  • Any content or data you submit or transmit through the Service

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

14. Term and Termination

14.1 Term

These Terms are effective when you first access or use the Service and continue until terminated. Your subscription term is set forth in your subscription agreement or order.

14.2 Termination by You

You may terminate your account at any time through your account settings or by contacting us at [email protected]. Termination does not entitle you to a refund of prepaid fees.

14.3 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if:

  • You breach these Terms
  • You fail to pay fees when due
  • We are required to do so by law
  • We discontinue the Service
  • Your conduct poses a risk to other users or our infrastructure

14.4 Effect of Termination

Upon termination: (a) your right to access and use the Service will immediately cease; (b) you must pay any outstanding fees; (c) we may delete Your Data after a reasonable period (typically 30 days); and (d) all provisions that by their nature should survive will survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

15. Dispute Resolution

15.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

15.3 Binding Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Hartford, Connecticut, unless the parties agree otherwise. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

15.4 Class Action Waiver

YOU AND OYSTERCATCHER AGREE THAT 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. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

15.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and Oystercatcher regarding the Service and supersede all prior agreements and understandings.

16.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Site, updating the "Effective Date," and/or sending you email notice. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Oystercatcher.

16.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions will remain in full force and effect.

16.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

16.6 Force Majeure

Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages.

16.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

16.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly provided herein.

16.9 Notices

Notices to you may be made via email to the address associated with your account. Notices to us must be sent to [email protected].

16.10 Export Compliance

You agree to comply with all applicable export control laws and regulations. You may not access or use the Service if you are located in, or a national or resident of, any country subject to U.S. sanctions.

16.11 Government Users

If you are a U.S. government entity, you acknowledge that the Service is "commercial computer software" and "commercial computer software documentation" as defined in applicable federal acquisition regulations.

17. Contact Information

If you have questions about these Terms, please contact us:

Oystercatcher, LLC
Email: [email protected]

For general support inquiries: [email protected]