ANSWERCADDIE TERMS AND CONDITIONS OF SERVICE
Last Updated: July 17, 2026
These Terms and Conditions of Service (these "Terms") constitute a binding agreement between Artsol a California corporation, doing business as AnswerCaddie ("AnswerCaddie," "Company," "we," "us," or "our"), and the business, entity, or individual accessing or using the Website or the Services ("Customer," "you," or "your"). By creating an account, clicking "I Agree," executing an order form, invoice, quote, online checkout, or subscription confirmation (each, an "Order Form"), submitting payment information, or accessing or using the Website or Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not access the Website or use the Services.
1. The Services
AnswerCaddie provides AI-powered telephone answering, voice assistant, call handling, ordering, reservation, messaging, scheduling, analytics, API, integration, and related software services, together with the website located at answercaddie.com and any related portals, dashboards, and applications (the "Website") (collectively, the "Services"). The Services are provided on a subscription and/or usage basis (monthly, annual, per-location, per-user, per-minute, per-call, per-order, or other pricing models) as described on the Website or in an applicable Order Form. Available features may vary by subscription level, and nothing in these Terms guarantees the availability of any particular feature unless expressly included in an Order Form. The Services are intended for business use only and are not offered to consumers for personal, family, or household purposes.
You acknowledge that the Services rely on artificial intelligence, speech recognition, telecommunications carriers, and third-party providers, and that responses generated by the Services are automated and may contain errors, omissions, or inaccuracies. You are solely responsible for reviewing information handled by the Services and for your business operations, including orders, reservations, quotes, and customer communications.
2. Eligibility; Account Registration; Authorized Users
You must be at least 18 years of age and able to form a binding contract to use the Services. You agree to provide accurate, current, and complete registration and billing information and to keep it updated; we may suspend or terminate the Services if information provided is false, misleading, incomplete, or fraudulent. You are responsible for all activity that occurs under your account — whether by you or by any employee, contractor, or other person you permit to access the Services ("Users") — and for maintaining the confidentiality of all credentials. You must promptly disable access for Users who no longer require it and notify us immediately of any unauthorized use of your account; you remain responsible for all activity under the account until such notice is received. We are not liable for any loss arising from unauthorized use of your account or your failure to manage Users. We may refuse registration, reclaim account identifiers, or reject any user at our discretion.
3. Website Access; License; API
Subject to these Terms and timely payment of all Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Services for your internal business purposes during your subscription. You may not: (a) copy, modify, distribute, sell, lease, or create derivative works of the Services; (b) reverse engineer, decompile, or attempt to extract source code, models, or underlying technology; (c) access the Services to build a competing product or for benchmarking or competitive analysis; (d) scrape, crawl, harvest, or use automated means (including bots or AI agents) to access the Website or extract data; (e) frame or mirror any portion of the Website; (f) circumvent any security, access controls, or usage limits; (g) remove or alter proprietary notices; or (h) share, resell, or make the Services available to third parties except as expressly permitted. We may monitor use of the Services and may suspend or block access that violates this Section. Access to the Website may be interrupted, suspended, or discontinued at any time without notice.
Where API access is provided, you may use the API solely in accordance with our documentation. We may establish and change rate limits, authentication, and technical requirements, and may modify, suspend, or discontinue API functionality at any time. You may not attempt to circumvent API limitations or security measures.
4. Changes to Services and Pricing
We may modify, update, suspend, discontinue, add, or remove any feature or portion of the Services, and may change our prices, fees, plans, usage rates, and billing structure, AT ANY TIME AND WITHOUT PRIOR NOTICE, to the fullest extent permitted by applicable law. This includes changing AI providers, supported integrations, technical requirements, usage limits, and supported devices. Changed prices apply to billing periods beginning after the change takes effect. Your continued use of the Services after any change constitutes acceptance of that change. If you do not agree to a change, your sole and exclusive remedy is to cancel the Services before your next billing period.
We may revise these Terms from time to time by posting the updated Terms on the Website; updated versions supersede all prior versions as of their effective date. Continued use of the Services after updated Terms are posted constitutes acceptance of the updated Terms.
5. Fees; Payment Authorization (Card and ACH)
You agree to pay all fees and charges for the Services, including subscription fees, usage-based fees, setup and implementation fees, overage charges, per-location and per-user charges, SMS and telecommunications charges, AI usage charges, taxes, and any applicable pass-through charges (collectively, "Fees"). Unless otherwise stated in an Order Form, invoices are due immediately upon the invoice date. All Fees are non-refundable except where required by law or expressly stated otherwise in writing. You are responsible for all applicable taxes, duties, and governmental charges other than taxes on our net income; where we are required to collect taxes, they will be added to your invoice.
Recurring Payment Authorization. By providing a credit card, debit card, or bank account (ACH) to AnswerCaddie, you AUTHORIZE ANSWERCADDIE AND ITS PAYMENT PROCESSORS TO CHARGE OR DEBIT THAT PAYMENT METHOD, ON A RECURRING BASIS AND WITHOUT FURTHER AUTHORIZATION, for all Fees and any other amounts owed under these Terms, including subscription renewals, usage charges, past-due balances, returned-payment fees, late fees, and taxes. This authorization remains in effect until all amounts owed have been paid in full and you have cancelled the Services, and applies to any updated or replacement card number or account information provided by you, your bank, or a card network account-updater service.
ACH Terms. For ACH debits, you authorize electronic debit entries to the designated account under NACHA rules, including correcting entries and re-presentment of returned transactions where permitted. You represent that you have authority to authorize debits from the designated account and agree to promptly notify us of any change to your banking information. If a debit is returned for any reason, you authorize us to re-initiate the debit up to the maximum number of times permitted and to charge a returned-payment fee. You may revoke ACH authorization only by providing written notice at least ten (10) business days before the next scheduled debit; revocation does not relieve you of your obligation to pay all amounts owed by another method.
Payment Retries; Balances; Right to Charge. If any payment is declined, returned, reversed, or otherwise unsuccessful, you authorize us to make additional collection attempts using ANY payment method maintained on the account, to the extent permitted by law and applicable network or ACH rules, until the balance is satisfied. If any amount owed to us is past due, you AUTHORIZE US TO CHARGE OR DEBIT ANY PAYMENT METHOD ON FILE FOR THE FULL OUTSTANDING BALANCE, in whole or in part, at any time and in any order, without additional notice, including any replacement payment method added to the account. You agree not to initiate chargebacks or ACH disputes for validly incurred Fees; disputed charges must first be raised with us in writing within thirty (30) days of the charge.
No Setoff. Except where prohibited by law, you may not withhold, offset, or reduce any payment due under these Terms based on any claim against AnswerCaddie.
6. Nonpayment; Suspension; Collections
• Suspension and Disabling. If any balance is not paid when due, or a payment method is declined or repeatedly fails, we may SUSPEND, DISABLE, OR TERMINATE THE SERVICES, in whole or in part (including AI agents, phone numbers, call routing, dashboards, integrations, API access, and the ability to process new orders or reservations), WITHOUT NOTICE, until all amounts owed are paid in full. We are not liable for any consequence of suspension or termination for nonpayment, including missed calls, lost orders, or loss of a phone number. Suspension does not toll or excuse your payment obligations, and Fees continue to accrue during suspension.
• Late Charges. Past-due amounts accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less, plus a late fee and any returned-payment fees.
• Collections. If any amount remains unpaid, we may refer or assign the debt to a third-party COLLECTION AGENCY or attorney, and may report the debt to commercial credit bureaus to the extent permitted by law. You agree to pay all costs of collection, including collection agency fees, reasonable attorneys' fees, and court costs. You authorize us to share your account, contact, and payment history with collection agencies and attorneys for this purpose. These collection rights are cumulative and in addition to all other remedies available at law or in equity.
7. Term; Renewal; Cancellation; Effect of Termination
Subscriptions renew automatically for successive periods equal to the initial subscription period unless cancelled before the renewal date in accordance with any notice requirements in the applicable Order Form. You may cancel through your account settings or by written notice to support@answercaddie.com. Cancellation takes effect at the end of the then-current billing period; no prorated refunds are provided. Cancellation or termination does not relieve you of amounts accrued or owed through the effective date. We may terminate these Terms or your access to the Services at any time, with or without cause, without notice.
Upon termination: your license to use the Services immediately ends; we may disable access; recurring billing authorization continues until all amounts lawfully due are collected; and you remain responsible for all unpaid amounts. Following termination, we may retain Customer Data for a commercially reasonable period for account administration, legal compliance, dispute resolution, fraud prevention, backups, and enforcement of these Terms, after which it may be deleted or anonymized in accordance with our data retention practices. You are responsible for exporting any available Customer Data before termination where export functionality is provided. Sections that by their nature should survive termination — including payment and collection obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, class action waiver, and attorneys'-fees provisions — survive.
8. Consent to Communications (Email, Calls, and Text Messages)
By providing a telephone number or email address to AnswerCaddie, you EXPRESSLY CONSENT to receive communications from us and our affiliates and service providers — including transactional, account, billing, collections, service, security, maintenance, renewal, and marketing/promotional communications — by email, live telephone call, prerecorded or artificial-voice call, SMS/MMS text message, in-application notification, and push notification, including calls and texts placed using an automatic telephone dialing system or automated technology.
THIS CONSENT APPLIES EVEN IF YOUR NUMBER IS LISTED ON ANY FEDERAL, STATE, OR INTERNAL DO-NOT-CALL REGISTRY, and constitutes your prior express written consent under the Telephone Consumer Protection Act (TCPA) and your signed, written agreement under applicable do-not-call rules. Consent to marketing communications is not a condition of purchasing the Services. Message and data rates may apply; message frequency varies. You may opt out of marketing texts by replying STOP and of marketing emails via the unsubscribe link; opting out of marketing does not affect transactional, account, billing, or collections communications, which we may continue to send as permitted by law. You represent that you are the subscriber or customary user of any phone number you provide, that any contact points you provide belong to you or you have authority to receive communications at them, and that you will notify us promptly if you relinquish a number.
9. Acceptable Use Policy
You will not, and will not permit any User or third party to, use the Website or Services to:
• violate any applicable law or regulation, including telemarketing, robocall, call-recording, consumer-protection, privacy, and data-security laws;
• transmit spam, unsolicited communications, phishing, or fraudulent, deceptive, or misleading content;
• engage in harassment, threats, defamation, or the transmission of unlawful, obscene, or infringing content;
• impersonate any person or entity, spoof caller ID unlawfully, or misrepresent your affiliation;
• upload or transmit viruses, malware, or any code intended to disrupt or damage systems;
• probe, scan, or test the vulnerability of the Services, or breach or circumvent security or authentication;
• interfere with or disrupt the integrity or performance of the Services or the data of other customers, or overload the platform;
• use the Services for emergency calling (911) or any life-safety, medical-emergency, or high-risk application — the Services do not support emergency calls; or
• use the Services in any manner that could subject AnswerCaddie or its providers to liability or cause carrier, network, or platform violations.
We may investigate suspected violations, may remove or restrict access to content that reasonably appears to violate these Terms or applicable law, and may suspend or terminate the Services immediately, without notice or refund, for any actual or suspected violation of this Section.
10. Customer Responsibilities
You are responsible for: (a) the accuracy of all business information, menus, pricing, hours, inventory, scripts, and configurations you provide, and for keeping them current — inaccurate information may negatively affect AI responses; (b) compliance with all laws applicable to your business and your use of the Services, including any notice or consent required for call recording and any disclosure required regarding the use of automated or AI systems in communications with your customers; (c) obtaining and maintaining all equipment, telephone service, and internet connectivity needed to use the Services; (d) maintaining your own backups of important Customer Data; (e) cooperating during implementation and support; and (f) your customers, orders, transactions, and disputes. AnswerCaddie is a technology provider only and is not a party to any transaction between you and your customers.
11. Third-Party Services; Telephony
The Services depend on and may interoperate with third-party services, including telecommunications carriers, SMS aggregators, AI model providers, cloud hosting providers, payment processors, delivery providers, and integrations you elect to connect (such as POS, ordering, reservation, CRM, or accounting systems). We are not responsible for the availability, accuracy, pricing, or performance of third-party services, for carrier delays, outages, message filtering or spam blocking, or for changes to third-party APIs or rules that affect the Services, and failures caused by third-party providers do not constitute a breach of these Terms. We do not guarantee telephone connectivity, SMS/MMS delivery, voice quality, call completion, routing accuracy, or uninterrupted communications; delivery times may vary and some messages or calls may not be delivered. If a third-party provider discontinues a required service, we may replace it with a commercially reasonable alternative or discontinue the affected functionality. Your use of any third-party service is governed by that third party's own terms. Phone numbers provisioned through the Services are provided for use with the Services; we do not guarantee number portability, and numbers may be reclaimed upon termination or extended nonpayment, subject to applicable law.
12. Privacy; Customer Data; Security; Call Recording
Our collection and use of personal information is described in our Privacy Policy, available on the Website, which is incorporated into these Terms by reference. You retain ownership of the data and content you provide ("Customer Data") and represent that you have all rights and permissions necessary to provide it. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, analyze, and use Customer Data and data generated through use of the Services (including call recordings, transcripts, voicemails, and analytics) to provide, maintain, secure, support, and improve the Services, to detect fraud and security incidents, to train and improve our systems in de-identified or aggregated form, to comply with law, to enforce these Terms, and as otherwise permitted by our Privacy Policy.
We use commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data. However, no system, network, or method of transmission or storage is completely secure, and we do not warrant that unauthorized access, hacking, malware, ransomware, or other security incidents will never occur. You are responsible for your own systems, credentials, devices, employee training, and backups, including using strong passwords and multi-factor authentication where available.
Calls handled by the Services may be recorded, transcribed, and analyzed. YOU ARE SOLELY RESPONSIBLE for determining whether recording or monitoring is lawful in the jurisdictions where you operate, and for providing any notices to, and obtaining any consents from, your callers and customers required by applicable call-recording and wiretap laws (including two-party/all-party consent laws such as California Penal Code § 632) and for any disclosures required for automated or AI-generated communications. You will indemnify us for any failure to do so.
13. Confidentiality
Each party agrees to protect the other party's non-public confidential information — including pricing, technical information, customer lists, software, financial information, trade secrets, and business processes — with at least reasonable care, to use it only to perform under these Terms, and not to disclose it to third parties except to employees, agents, and providers with a need to know who are bound by confidentiality obligations, or as required by law. Confidential information does not include information that is public through no fault of the receiving party, was lawfully known prior to disclosure, is independently developed, or is rightfully received from a third party.
14. Free Trials; Beta and Pre-Release Features
We may offer free trials, promotional pricing, or beta, pilot, preview, experimental, or early-access features ("Beta Features"). Trials convert to paid subscriptions at the then-current rate at the end of the trial period unless cancelled first, and the payment method on file will be charged. Beta Features are provided AS IS, may contain bugs, may be interrupted or modified without notice, may never become commercially available, and are excluded from any availability or support commitments. You use trials and Beta Features entirely at your own risk, and we have no liability of any kind arising out of or in connection with them.
15. Feedback
If you provide suggestions, ideas, enhancement requests, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, incorporate, and otherwise exploit them for any purpose without restriction or compensation to you.
16. Intellectual Property
AnswerCaddie and its licensors retain all right, title, and interest in and to the Services, the Website, all software, source and object code, algorithms, AI models, workflows, prompts, voices, designs, databases, documentation, trademarks (including "AnswerCaddie" and associated logos), and all related intellectual property. No ownership rights are transferred, and no rights are granted except as expressly stated in these Terms. You may not use our trademarks without prior written consent. All content on the Website is protected by copyright and other intellectual property laws.
17. AI Services; No Guarantee of Results; No Professional Advice
Portions of the Services use artificial intelligence, machine learning, natural language processing, speech recognition, and speech synthesis. AI-generated content, responses, transcriptions, summaries, and recommendations may contain errors, omissions, inaccuracies, outdated information, or unexpected results. You are solely responsible for reviewing and validating all AI-generated outputs before relying on, publishing, transmitting, or acting upon them, and all decisions made using the Services — business, pricing, customer, employment, marketing, compliance, or otherwise — remain solely your responsibility.
ANSWERCADDIE DOES NOT GUARANTEE ANY BUSINESS OUTCOME, including increased revenue, sales, or profits, customer retention, successful orders, reservations, or appointments, lead generation, conversion rates, or customer satisfaction. Performance depends on factors outside our control, including your operations, connectivity, third-party services, customer behavior, and the information you supply. The Services do not constitute legal, financial, accounting, tax, medical, insurance, employment, or other professional advice, and use of the Services alone does not satisfy any legal or regulatory requirement; consult your own professional advisors.
18. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANSWERCADDIE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUALITY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT ERRORS WILL BE CORRECTED, THAT CALLS WILL BE ANSWERED, CONNECTED, ROUTED, TRANSCRIBED, OR HANDLED ACCURATELY OR AT ALL, THAT SMS MESSAGES WILL BE DELIVERED, THAT AI-GENERATED RESPONSES WILL BE CORRECT, THAT THIRD-PARTY INTEGRATIONS WILL REMAIN AVAILABLE, THAT THE SERVICES WILL PREVENT LOST SALES OR MISSED OPPORTUNITIES, OR THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE, SECURE, OR FREE OF DEFECTS OR HARMFUL COMPONENTS. YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANSWERCADDIE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF SALES, LOSS OF CUSTOMERS OR BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA OR RECORDINGS, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, OR THESE TERMS — INCLUDING ANY FAILURE OF THE SERVICES TO OPERATE AS INTENDED, MISSED OR MISHANDLED CALLS, MISSED ORDERS, RESERVATIONS, OR APPOINTMENTS, INACCURATE OR FAILED AI RESPONSES, TRANSCRIPTIONS, AUTOMATIONS, OR INTEGRATIONS, FAILED PAYMENT PROCESSING CAUSED BY THIRD PARTIES, INTERNET, CELLULAR, TELECOMMUNICATIONS, OR POWER FAILURES, SECURITY INCIDENTS CAUSED BY THIRD PARTIES, DOWNTIME, SUSPENSION, OR CUSTOMER OR EMPLOYEE ERRORS — WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, OR THESE TERMS EXCEED THE FEES ACTUALLY PAID BY YOU TO ANSWERCADDIE FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; IF NO FEES HAVE BEEN PAID, OUR MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00). THESE LIMITS APPLY COLLECTIVELY TO ALL CLAIMS AND ARE NOT PER-CLAIM LIMITS. THE FOREGOING LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain limitations; in such jurisdictions, our liability is limited to the smallest amount permitted by law.
20. Indemnification
You agree to defend, indemnify, and hold harmless AnswerCaddie and its affiliates, owners, officers, directors, employees, contractors, licensors, successors, and assigns from and against any claims, demands, actions, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Website or Services; (b) Customer Data or other content you submit; (c) your business, products, or services; (d) your configurations or instructions, or AI-generated content used by you; (e) your violation of these Terms or of any law, including call-recording, telemarketing, TCPA, SMS, or privacy laws applicable to your customers; (f) your negligence or misconduct; or (g) any dispute or claim between you and your customers. We reserve the right to assume the exclusive defense of any indemnified matter at your expense where permitted by law.
21. Dispute Resolution; Arbitration; Class Action and Jury Waiver
Before initiating arbitration or litigation, the party raising a dispute must send the other party written notice describing the dispute and the requested resolution, and the parties will attempt in good faith to resolve it informally for thirty (30) days. Any dispute, claim, or controversy not so resolved arising out of or relating to these Terms, the Website, or the Services shall be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Placer County, California. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual claim in small claims court, and we may bring an action in court to collect unpaid Fees or to seek injunctive relief as described below.
• CLASS ACTION WAIVER. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate claims of more than one party. If any part of this waiver is held unenforceable for a particular claim, that claim shall proceed only to the extent required by law and the remainder of these Terms remains in effect.
• JURY TRIAL WAIVER. To the extent any claim proceeds in court, EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY.
• TIME LIMIT ON CLAIMS. Any claim arising out of or relating to the Website, the Services, or these Terms MUST BE FILED WITHIN ONE (1) YEAR after the claim accrues or reasonably should have been discovered, or it is permanently barred, to the fullest extent permitted by law.
• EQUITABLE RELIEF. Unauthorized use of the Services, infringement of our intellectual property, or unauthorized disclosure of confidential information may cause irreparable harm, and we may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction, without posting a bond where permitted by law, in addition to all other remedies.
• Attorneys' fees follow Section 6 (Collections) for collection matters; otherwise each party bears its own fees in arbitration except as awarded by the arbitrator under applicable law. All rights and remedies under these Terms are cumulative.
22. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, fire, flood, earthquake, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, government actions, embargoes, utility or internet failures, carrier or telecommunications outages, failures of cloud, AI, payment, or messaging providers, cyberattacks, ransomware, denial-of-service attacks, power outages, or shortages of materials, labor, or transportation. Performance is excused for the duration of the event.
23. Electronic Records and Signatures
You consent to receive all agreements, notices, disclosures, invoices, and other communications from us electronically, by email or by posting to the Website or your account dashboard, and you agree that electronic communications satisfy any legal requirement that communications be in writing. You agree that electronic signatures, online acceptances, click-through agreements, checked boxes, and electronic payment authorizations have the same legal effect as a handwritten signature, and that no handwritten signature is required to form a binding agreement.
24. Copyright Complaints (DMCA)
If you believe content on the Website infringes your copyright, send a notice compliant with the Digital Millennium Copyright Act to our designated agent at support@answercaddie.com, including identification of the work, the location of the allegedly infringing material, your contact information, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature. We may remove content and terminate repeat infringers.
25. General Provisions
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles; the United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 21, the state and federal courts located in Placer County, California shall have exclusive jurisdiction, and you consent to personal jurisdiction and venue there. The Services are controlled from the United States; you are responsible for compliance with local laws if you access the Services from elsewhere, may not use the Services in violation of U.S. export control or sanctions laws, and represent that you are not located in a jurisdiction subject to comprehensive trade restrictions. If any provision of these Terms is held unenforceable, it shall be modified to the minimum extent necessary to be enforceable while preserving its intent, and the remainder shall remain in full effect. No waiver is effective unless in writing signed by our authorized representative, and no waiver of one breach waives any other. You may not assign these Terms without our written consent, and any attempted assignment in violation of this sentence is void; we may assign them freely, including in connection with a merger, acquisition, reorganization, financing, or sale of assets, and these Terms bind and benefit the parties' successors and permitted assigns. The parties are independent contractors; no agency, partnership, joint venture, franchise, fiduciary, or employment relationship is created. Headings are for convenience only, and the English version of these Terms controls.
These Terms, together with any Order Form and the following policies as made available and amended from time to time — Privacy Policy, Cookie Policy, SMS Messaging Policy, and any Data Processing Addendum, Service Level Agreement, or Security Policy where applicable — constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous negotiations, representations, and agreements; no oral statements modify these Terms. If an executed Order Form conflicts with these Terms, the Order Form controls solely as to the conflicting commercial terms. Notices to you may be given by email to the address on your account, by posting within the Services, or by mail or courier; you are responsible for keeping a current email and mailing address on file, and electronic notices are deemed delivered when transmitted unless returned undeliverable.
26. Contact
Artsol dba AnswerCaddie
807 Douglas Blvd Roseville CA 95678