Last Updated: September 3, 2026
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE (“Terms”) CAREFULLY BEFORE USING KADDY+,
AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
These Terms govern your access to and use of the Kaddy+ website located at
https://www.kaddyplus.com, the Kaddy+ mobile application (the “App”), and any related websites,
downloadable applications, content, features, functionality, subscriptions, communications, and
services that link to or reference these Terms (collectively, “Kaddy+” or the “Services”). The Services
allow you to track disc golf rounds and throws, maintain a digital equipment inventory (your “disc
bag”), score rounds, use mapping and location-enabled course features, and participate in side-play
formats available in the App.
The Services are owned and operated by CaveKraft Technology LLC (“Company,” “we,” “us,” or
“our”). By accessing or using the Services, creating an account, purchasing a Subscription or other
paid feature, posting content, or otherwise interacting with the Services, you agree to be bound by
these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do
not agree to these Terms, do not access or use the Services.
Changes to These Terms
(a) We may modify these Terms from time to time. When we do, we will post the revised Terms on the
Services and update the “Last Updated” date.
(b) If a modification, in our reasonable judgment, materially reduces your rights or materially increases
your obligations (a “Material Change”), including a material change to Section 6 (Subscriptions and
Paid Features), Section 23 (Limitation of Liability), Section 26 (Governing Law, Venue, and
Jurisdiction), or Section 27 (Dispute Resolution; Binding Arbitration; Class Action Waiver), we will
provide advance notice before the Material Change takes effect. Notice may be provided by email to
the address associated with your account, by a prominent notice within the Services, or by another
method permitted by applicable law. Unless a shorter period is required by law or reasonably
necessary to address a security, fraud, abuse, or safety issue, the notice will identify the Material
Change and will be provided at least thirty (30) days before it takes effect.
(c) Changes that are not Material Changes, such as clarifications, corrections, changes required by
law, or terms for a new optional feature, may take effect when posted or on the effective date stated in
the notice.
(d) If you do not agree to revised Terms, you must stop using the Services and, if you have an active
Subscription, cancel it in accordance with Section 6.4 before the effective date of the change. Your
continued use of the Services after the effective date constitutes acceptance of the revised Terms to
the extent permitted by applicable law.
(e) We will not apply a Material Change retroactively to a purchase you made, or to a Dispute that
arose, before the effective date of that Material Change, except where required by law.
1. Eligibility and Accounts
(a) Age Requirement. You must be at least 18 years old to create an account or use Kaddy+. By
creating an account or using the Services, you represent and warrant that you are at least 18 years
old and have the legal capacity to enter into these Terms.
(b) No Use by Persons Under 18. Kaddy+ is not currently intended for, offered to, or available for use
by persons under 18 years of age. Persons under 18 may not create an account, access an account,
or use the Services. Kaddy+ does not currently offer parent-managed, guardian-managed, family, or
minor-profile accounts.
(c) Account Registration. To create a Kaddy+ account, you provide a username and an email address.
Account sign-in uses an email address and password through Kaddy+ authentication services. Email
verification is required, and password-reset instructions are sent to the email address associated with
the account. Kaddy+ does not require you to provide a legal name as part of account registration, and
CaveKraft Technology LLC does not store your password in plaintext. You are responsible for
providing an email address you can access and for keeping your account information accurate and
current.
(d) Account Responsibility. You are responsible for maintaining the confidentiality and security of your
account credentials and for activity that occurs through your account. If we reasonably believe an
account is being used by a person under 18 or otherwise in violation of these Terms, we may suspend
or terminate the account and take appropriate steps regarding related information as described in our
Privacy Policy and as permitted by applicable law.
2. Supplemental Terms
Certain paid features, side-play formats, promotions, trials, or other activities offered through the
Services may be subject to additional rules, terms, or conditions (“Supplemental Terms”), which will
be disclosed in connection with the applicable feature or activity. Supplemental Terms are in addition
to these Terms and form part of your agreement with us. If there is a conflict between these Terms
and applicable Supplemental Terms with respect to that feature or activity, the Supplemental Terms
will control to the extent of the conflict, subject to applicable law.
3. Description of the Services
Kaddy+ is a disc golf software platform that may allow you to:
create an account and player profile;
build and maintain a digital equipment inventory (your “disc bag”), including the discs you own and
their characteristics;
track rounds and throws using GPS-based location data or manual input, including live location
display, distance calculation, and disc selection during throw tracking;
record scores and track course and play history;
participate in traditional scoring and side-play formats available in the App;
view performance metrics;
locate disc golf courses, view course information, and create, edit, or submit course maps,
layouts, and course details for review or publication;
submit disc-catalog information, including disc name, manufacturer, and flight numbers, for review
and possible inclusion in the shared Kaddy+ disc database;
receive notifications and reminders relating to your rounds, invitations, account, and use of the
Services; and
access related informational content and features.
Live device position, distance measurements, course and layout information, mapped tee and basket
locations, satellite or map imagery, weather and elevation information, scoring calculations, and other
outputs generated by the Services are intended to assist your own decision-making and may be
incomplete, delayed, or inaccurate. You remain solely responsible for your decisions, your play, your
surroundings, and verification of conditions at the course.
We may add, remove, modify, suspend, or discontinue any part of the Services, subject to applicable
law and any rights associated with a paid Subscription. Availability may vary by user, device, country,
region, connectivity, course-data coverage, or other operational factors.
3.1 Device Compatibility, Connectivity, and Updates
You are responsible for obtaining and maintaining a compatible device, supported operating system,
internet or mobile-data access, location services, Bluetooth capability, and any other hardware,
software, permissions, or connectivity required for the features you choose to use. Your carrier,
internet provider, device manufacturer, App Store, or other third party may charge fees or impose
terms that are separate from these Terms.
Some features may not function, or may function differently, if your device is unsupported, required
permissions are disabled, connectivity is unavailable, a third-party service is interrupted, or you do not
install an available App or operating-system update. Round and throw data may be stored locally on
your device to support offline use and synchronized with Kaddy+ backend services when connectivity
is available. To maintain security, compatibility, or functionality, the Services may require supported
versions of the App, operating system, or related third-party services.
4. Geographic Availability
The Services are currently offered in the United States, Canada, Australia, New Zealand, and
Switzerland through our authorized distribution channels. The Services are not currently offered or
directed to individuals in member states of the European Union or the wider European Economic Area
(“EEA”), or in the United Kingdom. Before making the Services available in the EU/EEA or the United
Kingdom, CaveKraft Technology LLC will put in place the additional measures required by applicable
law, including appointing and publishing the contact information of any legally required representative.
We may make the Services available in other countries or regions from time to time. Availability may
vary by country or region, and additional terms or mandatory consumer rights may apply based on
your location, including as described in Sections 28 and 33 through 37. We operate the Services from
the United States. Personal information may be processed in the United States and in other countries
as described in our Privacy Policy.
We do not guarantee that every feature, Subscription, promotion, course-data service, or other
functionality will be available in every location. Availability may depend on App Store or payment-
platform availability, device compatibility, connectivity, course-data coverage, third-party services,
applicable law, and other operational factors. We may add, restrict, suspend, or discontinue
availability in particular locations as permitted by applicable law and subject to any rights associated
with a paid Subscription.
5. Accounts and Registration
To access certain features of the Services, you may be required to create an account. You agree to
provide accurate, current, and complete registration information and to keep that information accurate,
current, and complete. You may not maintain more than one independent account without our
permission, and you must access non-public portions of the Services through your account.
You are responsible for maintaining the confidentiality and security of your login credentials and for
activity that occurs under your account to the extent permitted by applicable law. We recommend
using a strong and unique password and enabling any available account-security features. You agree
to take reasonable steps to prevent unauthorized access to your account and to notify us promptly of
any actual or suspected unauthorized use or security breach.
We may suspend, restrict, or terminate an account that we reasonably believe contains materially
inaccurate or incomplete information, is being used in violation of these Terms or applicable law, is
being accessed without authorization, or presents a material security, fraud, abuse, or safety risk. To
protect you, other users, or the Services, we may temporarily restrict access while investigating a
suspected security incident.
6. Subscriptions and Paid Features
We may offer paid subscriptions or other paid features (each, a “Subscription”). The features,
eligibility, price, billing frequency, trial or promotional terms, renewal terms, and other material
purchase information applicable to a Subscription will be displayed before purchase or enrollment.
6.1 Enrollment
When you enroll in a Subscription, the material terms applicable to that Subscription will be displayed
before you complete the transaction. By completing enrollment, you authorize the applicable
application store or billing platform through which the App is distributed to charge your selected
payment method as disclosed at purchase. Paid mobile Subscriptions are currently purchased
through supported application-store billing.
6.2 Automatic Renewal
UNLESS OTHERWISE DISCLOSED AT PURCHASE OR REQUIRED BY APPLICABLE LAW, AN
AUTO-RENEWING SUBSCRIPTION WILL RENEW AT THE END OF EACH SUBSCRIPTION
PERIOD UNLESS YOU CANCEL BEFORE THE APPLICABLE RENEWAL OR CANCELLATION
DEADLINE. The length of each Subscription period and the renewal price will be disclosed at
purchase. After any free-trial or promotional period ends, an eligible Subscription may automatically
convert to a paid Subscription and thereafter renew at the then-applicable price and billing frequency
disclosed to you, unless canceled in time.
6.3 Renewal and Billing Notices
Where required by applicable law or the rules of the applicable billing platform, we or the applicable
billing provider will provide renewal, billing, price-change, trial-conversion, or other notices. You are
responsible for keeping the email address and other contact information associated with your Kaddy+
account and billing-platform account current. The timing and method of platform-managed notices
may be controlled by that platform.
6.4 Cancellation
You may cancel your Subscription as permitted by the applicable Subscription terms and billing
platform. If you purchased through the Apple App Store, Google Play, or another third-party
application store or payment platform, you must manage and cancel the Subscription using that
platform’s subscription-management tools unless the platform expressly allows CaveKraft Technology
LLC to process the cancellation on your behalf. Contacting CaveKraft Technology LLC customer
support does not itself cancel a Subscription that is billed and managed by a third-party platform.
Unless applicable law or the applicable billing platform provides otherwise, cancellation prevents
future renewal and takes effect at the end of the then-current paid Subscription period, and you retain
access to paid features through that date. Free-trial cancellation is governed by Section 6.10.
6.5 Failed Payments
If a charge is declined or cannot be completed, the applicable billing provider may retry the charge,
place the Subscription in a billing-retry or grace period, place the Subscription on hold, or suspend
paid benefits until payment is resolved, subject to the billing provider’s rules and applicable law. You
remain responsible for amounts validly due.
6.6 Price Changes
We may change the price of a Subscription. Any price increase will be implemented with the notice,
consent, renewal, or grandfathering process required by applicable law and the applicable billing
platform. For platform-billed Subscriptions, the App Store or payment platform may control the timing
and method of notice and may require your consent before a higher price can take effect. If you do not
accept a price increase where consent is required, the Subscription may expire or fail to renew at the
end of the applicable period.
6.7 Free Features
Some features of the Services may be offered free of charge. We may change which features are free
or paid, or begin charging for a previously free feature, provided that any such change will not
retroactively alter amounts already paid and will be implemented for active Subscriptions in
accordance with Section 6.6 and applicable law.
6.8 Pricing and Taxes
Prices, fees, billing intervals, and applicable taxes or similar charges will be disclosed as required at
purchase. Where a Subscription or purchase is processed through an application store or other third-
party billing platform, that platform may determine, collect, remit, or display applicable taxes and may
set localized prices under its own terms. You are responsible for taxes or charges that applicable law
places directly on you, excluding taxes based on CaveKraft Technology LLC’s net income.
6.9 Refunds
Except where required by applicable law, stated otherwise at purchase, or provided under the rules of
the applicable billing platform, payments for Subscriptions and other paid features are non-refundable,
and cancellation does not automatically entitle you to a refund for amounts already charged. If your
purchase was made through the Apple App Store, Google Play, or another supported application-
store billing platform, refund eligibility and processing are generally controlled by that platform, and
you may be required to request a refund directly from it.
6.10 Free Trials and Promotional Offers
We may offer eligible users a free trial, introductory offer, discounted period, promotional offer, or
similar promotion. The duration, eligibility requirements, price following the offer, billing frequency, and
other material terms will be displayed before enrollment.
If a payment method is required to begin a free trial, you will not be charged the regular Subscription
price during the stated free-trial period. Unless you cancel before the deadline disclosed at enrollment
or otherwise required by the applicable billing platform or law, the trial may automatically convert to a
paid Subscription at the disclosed price and billing frequency, plus applicable taxes, and thereafter
renew until canceled.
If the trial or offer is provided through the Apple App Store, Google Play, or another third-party
platform, eligibility, redemption, billing, cancellation, and conversion are also subject to that platform’s
rules. You must use the applicable platform’s subscription-management tools to cancel a platform-
billed trial unless the platform expressly provides another method. A free trial or promotion may be
limited to eligible new or returning subscribers and may be limited by person, account, Subscription
group, payment method, device, household, platform, country, region, or other lawful eligibility criteria.
7. Payments
Purchases made through the Apple App Store, Google Play, or another supported application-store
billing platform are processed by that platform and are also subject to its applicable payment, billing,
subscription, cancellation, and refund terms. CaveKraft Technology LLC does not receive or store
your full payment card or bank-account information from those platform transactions, although we and
a subscription-entitlement service provider may receive transaction, entitlement, Subscription-status,
or other information needed to validate purchases and provide paid access. The applicable
application store or billing platform remains responsible for processing the platform purchase.
By completing a purchase, you represent that you are authorized to use the selected payment method
and authorize the charges disclosed at the time of purchase. Where a third-party platform controls
billing, renewal, payment-method management, cancellation, or refunds, that platform’s terms will
control those payment-processing functions to the extent required by the platform or applicable law.
8. Information We Collect Through the Services
In connection with your use of the Services, we may collect or process information including:
your username and email address;
account credentials and authentication information (we do not store your password in plaintext);
profile picture or avatar, if you provide one;
optional profile details, such as birth year or gender, where offered;
precise geolocation data when you enable location-enabled features, including live locatio
processed while you actively use a round, throw-tracking, course-mapping, or other location-
dependent screen, as well as location information used to calculate distances or identify nearby
courses;
general location inferred from information such as your IP address;
your equipment inventory (your “disc bag”), bag configuration, disc characteristics, private disc
details you add, and bag-usage or analysis information;
course and play history, including rounds played, scores, throw measurements, selected discs,
side-play participation and results, and related activity;
performance metrics;
scoring data across traditional play and side-play formats available in the App, including results
calculated by Kaddy+ and results or winner confirmations entered by participants;
purchase, transaction, entitlement, renewal, and Subscription-status information received from an
application store, billing platform, or subscription-entitlement provider; CaveKraft Technology LLC
does not receive full payment card numbers from application-store transactions;
communications with us;
device, application, diagnostic, security, and usage information; and
any additional information described in our Privacy Policy.
Our collection, use, storage, retention, and disclosure of personal information is governed by our
Privacy Policy, which is incorporated into these Terms by reference. If these Terms and the Privacy
Policy address the same privacy matter differently, the Privacy Policy controls with respect to our
processing of personal information, subject to applicable law.
9. Privacy
Your use of the Services is subject to our Privacy Policy, available through the Services and at
https://www.kaddyplus.com, which explains how we collect, use, disclose, retain, and protect personal
information and describes privacy rights that may apply to you. We may provide additional
disclosures, consent mechanisms, or rights notices for residents of certain U.S. states, users in the
EEA, users in Switzerland, and users in other jurisdictions with applicable privacy or data-protection
laws.
10. Community Features and User Interactions
The Services may include scorecards, player search and invitations, guest players, multiplayer
rounds, side-play results, and course or disc-catalog contributions. Users may be able to choose
Public or Private profile visibility through available settings. A round invitation may display the round
date, time, and location to the invited player. When players share a scorecard or round, participating
players may see one another’s username and profile photo as needed for that shared round. When
you choose to invite or play with other users, add a guest, share a scorecard, play a paired or
multiplayer round, or participate in side play, certain information about you may be visible to other
participants according to the functionality and settings of the Services.
Your interactions with other users or third parties are solely between you and them. To the extent
permitted by law, we are not responsible for disputes, misconduct, misrepresentations, injuries,
damages, or losses arising from those interactions. You are responsible for using reasonable
judgment, protecting your personal information, and verifying user-provided information for your own
needs.
10.1 Side-Play Formats and Results
Kaddy+ may offer recreational side-play formats alongside normal round scoring. The rules and
scoring instructions displayed in the App for the selected format govern that side game, subject to
applicable law.
Some side-play results are calculated from entered hole scores, while other results depend on
participant input. For example, a designated participant may be asked to confirm the winner of a Hole
Challenge. Kaddy+ records and calculates results based on the information entered or confirmed
through the App and does not independently observe or verify what occurred on the course. Side-play
results are currently used to operate and display the applicable side game and do not currently feed
into a user’s general player statistics.
Side play is provided as a recreational scoring feature. Kaddy+ does not process, hold, collect, or
distribute wagers or side-game prize money. If users independently choose to wager or exchange
value outside Kaddy+, they are solely responsible for compliance with applicable law and for any
related agreement or dispute.
11. User Content
(a) Your Content. The Services may allow you to submit, post, upload, create, edit, or share data,
content, and materials (“User Content”), including course data and mapping (such as layouts, tees,
baskets, out-of-bounds features, mandatories, drop zones, course descriptions, and addresses or
coordinates), scorecards and side-play results, photos, private disc-bag details and notes, disc-
catalog submissions, and other content you provide through the Services.
(b) Responsibility for Your Content. User Content is the responsibility of the user who submitted it.
You are responsible for your User Content and for ensuring that you have the rights and authority
necessary to provide it. You represent and warrant that your User Content and your submission or
use of it through the Services will not violate these Terms, applicable law, or the intellectual-property,
privacy, publicity, property, or other rights of a third party. If you submit a course location, address,
layout, or mapping information for community publication, you are responsible for ensuring that you
are authorized to provide that information and that its publication is appropriate.
(c) License to Operate the Services. You retain ownership of your User Content. By submitting User
Content, you grant CaveKraft Technology LLC and its affiliates, contractors, and service providers a
non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store,
reproduce, modify, adapt, format, transmit, display, distribute, and otherwise use that User Content as
reasonably necessary to operate, secure, provide, support, improve, and develop the Services; to
make content available according to the sharing choices you make; to comply with law; and to enforce
these Terms or protect the rights and safety of CaveKraft Technology LLC, users, or others. This
license lasts for as long as reasonably necessary for those purposes, subject to the additional
provisions below and our Privacy Policy.
(d) Shared Course, Disc Catalog, and Community Contributions. Course maps, course details,
layouts, ratings, corrections, and other contributions intended to be shared with the Kaddy+
community may continue to be used, maintained, adapted, and displayed as part of the Services after
you stop using the Services or delete your account, to the extent permitted by applicable law. Disc-
catalog submissions intended for the shared Kaddy+ database may likewise be retained and used for
the database; only catalog information submitted for that purpose, such as disc name, manufacturer,
and flight numbers, is intended for community publication, not the private photo, color, plastic,
condition, weight, notes, or other private details of an individual disc in your collection. If your account
is deleted, retained shared contributions will not continue to display you as the mapper or contributor
and will be dissociated from your Kaddy+ account and personal identifiers. We may also retain and
use aggregated or de-identified information derived from User Content where that information no
longer identifies you, as described in our Privacy Policy.
(e) Sharing With Other Users. When you choose to share a scorecard, play a paired or multiplayer
round, participate in side play, or use another sharing feature, certain User Content and profile
information may be visible to other users according to the functionality and settings of the Services.
(f) Review and Moderation. We do not undertake a general obligation to monitor User Content, but we
may review, verify, correct, edit, merge, restrict, refuse, reject, unpublish, remove, preserve, or
disclose User Content where reasonably necessary to operate or protect the Services, maintain
shared course or disc-catalog data, enforce these Terms, comply with law, respond to valid legal
process, or protect users or others. This includes course and layout submissions and disc-catalog
submissions that are marked for review or publication. Where applicable law provides notice, appeal,
or other rights concerning moderation decisions, we will honor those rights.
(g) Feedback Excluded. This Section does not apply to Feedback, which is governed by Section 12.
12. Feedback
If you submit ideas, suggestions, concepts, comments, feedback, or related materials concerning the
Services (“Feedback”), you grant CaveKraft Technology LLC a worldwide, perpetual, irrevocable,
royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt,
publish, distribute, perform, display, commercialize, and create derivative works from that Feedback
for any lawful purpose, without compensation or attribution to you. You represent that you have the
right to provide the Feedback. Feedback is not treated as confidential and does not create a
confidential, fiduciary, employment, partnership, or other special relationship between you and
CaveKraft Technology LLC.
13. Assumption of Risk; Release
(a) Inherent Risks of Play. Disc golf is a physical, outdoor activity involving inherent risks, including
personal injury, property damage, contact with thrown discs, uneven or natural terrain, weather,
wildlife, vegetation, traffic, water hazards, other players, spectators, and other conditions. The
Services are tools to assist with tracking and scoring; they do not supervise or control your physical
activity or make a course or condition safe. A course, layout, address, map marker, or route appearing
in Kaddy+ does not mean the property is public, open, authorized for disc golf, safe to enter, or
available at a particular time, and Kaddy+ does not grant permission to enter or use any property. You
are responsible for obtaining any required permission, respecting private property, playing safely,
assessing your own physical condition and surroundings, following posted course rules and applicable
law, and determining whether a course, route, throw, or condition is appropriate. You assume the
inherent risks associated with participation in disc golf and use of the Services during play.
(b) Reliance on the Services. Live location displays, GPS and distance measurements, course data,
mapped tees and baskets, satellite or map imagery, navigation, scoring and side-play calculations,
weather or elevation information, and other outputs may be incomplete, delayed, inaccurate, or based
on user-entered information and are intended only to assist your own judgment. GPS, mapping,
navigation, course, weather, and location information should not be relied on to identify or warn you of
cliffs, water, roads or traffic, restricted or private areas, unstable terrain, severe weather, or other
hazards. Always remain aware of your surroundings and follow posted course rules, closures,
warnings, and instructions. Certain results, including some Hole Challenge outcomes and other
participant-confirmed entries, may be based on a user’s selection rather than independent verification
by Kaddy+. Do not use or view the Services in a manner that distracts you from your surroundings or
compromises safety. You remain responsible for your decisions and conduct during play.
(c) Interactions With Other Users. You are responsible for your interactions with other users, including
in paired or multiplayer rounds and side play. We do not control the acts or omissions of other users.
(d) Release. To the maximum extent permitted by applicable law, you release CaveKraft Technology
LLC and its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents,
licensors, service providers, successors, and assigns (collectively, the “Released Parties”) from
claims arising from the inherent risks of your participation in disc golf, your voluntary interactions with
other users or third parties, and hazards or conditions not caused by the Released Parties. Nothing in
this Section releases or limits liability that cannot lawfully be released or limited, including liability
preserved by Sections 23 and 28.
14. Third-Party Services, Devices, and Links
The Services may interoperate with, link to, display information from, or otherwise reference products,
content, websites, platforms, and services operated by third parties, including mapping, satellite-
imagery, weather, elevation, or location providers, payment processors, App Stores, course or store
listings, disc golf associations, and other resources (“Third-Party Services”).
Unless expressly stated otherwise, we do not own, control, endorse, supervise, guarantee, or warrant
any Third-Party Service. We are not responsible for the availability, accuracy, content, quality, legality,
safety, privacy practices, security, conduct, acts, or omissions of a Third-Party Service, except to the
extent applicable law provides otherwise. A third-party service may independently collect or process
information under its own terms and privacy policy, which you should review before using that service.
Any engagement, purchase, or transaction between you and a third party is between you and that
third party. To the extent the Services rely on a third-party right, license, API, data feed, platform, or
service and that third-party access is changed, limited, suspended, or terminated, the corresponding
Kaddy+ feature may be changed, limited, suspended, or discontinued. Where a Third-Party Service
imposes its own terms, those terms govern your relationship with that third party and the third-party
component to the extent applicable.
14.1 Third-Party Platform Changes
Features that depend on App Stores, operating systems, device permissions, GPS or mapping
providers, payment services, course-data providers, or other external systems may change without
our control. We may modify or discontinue an affected integration or feature if a third party changes its
technology, terms, access, pricing, functionality, or availability.
15. Intellectual Property
The Services, including text, graphics, logos, icons, images, software, code, designs, layouts,
compilations, functionality, audiovisual materials, course and equipment data we provide, analytics
generated by the App, and other content made available through the Services (excluding User
Content) (collectively, “Services Content”), are owned by or licensed to CaveKraft Technology LLC, its
licensors, or other content providers and are protected by copyright, trademark, trade-secret, and
other intellectual-property laws in the United States and other jurisdictions. As between you and
CaveKraft Technology LLC, CaveKraft Technology LLC owns the Services and Services Content
except for User Content and third-party materials identified as such.
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-
transferable, non-sublicensable, and revocable license to access and use the Services for your
personal, non-commercial use, except where we expressly authorize another use in writing.
Except as expressly permitted by these Terms or applicable law, you may not:
copy, reproduce, republish, upload, transmit, distribute, sell, license, scrape, or otherwise exploit
Services Content;
modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive source
code, underlying ideas, algorithms, structure, or organization of any part of the Services, except to
the extent a restriction is prohibited by applicable law;
use data mining, robots, crawlers, scraping, automated extraction, or similar methods to access or
collect data from the Services without our written permission;
circumvent, disable, or interfere with security-related features or features that prevent or restrict
use or copying of Services Content or enforce usage limits;
remove, obscure, or alter copyright, trademark, or other proprietary notices;
distribute, disclose, resell, lease, or make the Services or your account available to a third party
through timesharing, service-bureau, or similar arrangements; or
use the Services or Services Content for unauthorized benchmarking or competitive analysis, or to
develop or assist a substantially similar or competing product or service.
All rights not expressly granted are reserved. Nothing in these Terms limits rights that applicable law
expressly provides and does not permit you to waive.
16. Trademarks
“Kaddy+,” related logos, trade dress, slogans, and other marks used in connection with the Services
are trademarks or service marks of CaveKraft Technology LLC and/or its affiliates or licensors. You
may not use, copy, display, or register confusingly similar marks without our prior written permission.
Other trademarks, service marks, and trade names appearing through the Services are the property
of their respective owners.
17. Prohibited Uses
You agree not to use the Services to:
violate applicable law, regulation, court order, or third-party rights, including applicable export-
control or sanctions laws;
access, use, or register for the Services if you are under 18, or allow a person under 18 to access
or use your account;
impersonate a person or entity, including CaveKraft Technology LLC or its personnel, or
misrepresent your identity or affiliation;
submit materially false, deceptive, or misleading information, or maintain multiple independent
accounts without our permission;
submit, procure, commission, publish, or manipulate fake or materially misleading ratings or
reviews; conceal an incentive, sponsorship, or other material connection where disclosure is
required; or use accounts, coordinated activity, or other means to artificially inflate, suppress, or
distort ratings, reviews, or information derived from them;
upload, transmit, distribute, or introduce malware, spyware, viruses, worms, Trojan horses, time
bombs, or other harmful or disabling code;
interfere with the operation, security, integrity, or availability of the Services, or impose an
unreasonable or disproportionate load on our or our suppliers’ infrastructure;
gain or attempt to gain unauthorized access to an account, system, server, network, device, API,
or data;
scrape, harvest, crawl, or extract data from the Services without permission, or use the Services
for unauthorized benchmarking, monitoring, or competitive purposes;
post, transmit, or make available content that is unlawful, defamatory, infringing, harassing,
threatening, abusive, hateful, discriminatory, obscene, sexually exploitative, or otherwise
prohibited by applicable law or our applicable community rules;
exploit, endanger, groom, harass, or otherwise harm minors;
collect, disclose, or use personal or contact information about another user without authorization
or another lawful basis;
send spam, unsolicited promotions, advertising, solicitations, chain letters, pyramid schemes, or
fraudulent communications through the Services;
interfere with another user’s use or enjoyment of the Services, including by disrupting interactive
areas or improperly deleting or revising content posted by others;
use the Services in a manner that could disable, damage, or materially impair them; or
encourage, assist, or facilitate any of the foregoing.
We may investigate suspected violations and take proportionate action, including restricting
functionality, removing content, suspending or terminating accounts, preserving evidence, reporting
conduct to appropriate authorities, or pursuing available remedies. Where applicable law requires
notice, explanation, appeal, or other procedural rights, we will provide them.
Consumer ratings and reviews. Where Kaddy+ publishes consumer ratings or reviews, fake reviews,
concealed incentivized reviews, and manipulation of review information are prohibited. CaveKraft
Technology LLC may use reasonable and proportionate moderation, verification, account, and
technical measures to prevent, detect, investigate, restrict, or remove content or activity that violates
this rule or applicable consumer-protection law.
18. Email, Push Notifications, and Communications
We may send service-related or transactional communications reasonably necessary to operate your
account and provide the Services, including account notices, Subscription and billing information,
security alerts, material service changes, and communications you request. Push notifications are
sent only where your device and App permissions allow them, and you may manage push-notification
permissions through your device settings. Disabling certain notifications or permissions may affect
related functionality.
Kaddy+ does not currently operate a marketing email program, and push notifications are not used for
marketing at launch. We may still send non-marketing communications necessary to provide the
Services, administer your account, comply with law, or protect security.
19. Electronic Communications Consent
To the extent permitted by applicable law, you consent to transact with us electronically and to receive
agreements, disclosures, notices, and other records (“Communications”) electronically, including by
email, in-App notice, posting through the Services, or another electronic method. Electronic
Communications satisfy legal requirements that communications be in writing to the extent permitted
by law.
To access and retain electronic Communications, you need a compatible device with internet access,
a current browser or supported version of the App, a valid email address, and the ability to save or
print records. You are responsible for keeping your contact information current.
Where applicable law gives you the right to withdraw consent to electronic Communications, you may
do so by contacting us using Section 31. If electronic delivery is necessary to provide a particular
Service or account, withdrawing consent may require us to restrict or terminate that Service or
account. Withdrawal does not affect the legal validity of Communications provided before withdrawal
became effective.
20. Copyright Complaints / DMCA
(a) Reporting Claimed Infringement. If you believe content available through the Services infringes a
copyright that you own or control, you may send a written notification to our Designated Agent. To be
effective under 17 U.S.C. § 512(c)(3), the notification must include: (i) your physical or electronic
signature; (ii) identification of the copyrighted work you claim has been infringed or, if multiple works
are covered, a representative list; (iii) identification of the material you claim is infringing and
information reasonably sufficient to permit us to locate it; (iv) your name, mailing address, telephone
number, and email address; (v) a statement that you have a good-faith belief that the complained-of
use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, under penalty
of perjury, that the information in the notification is accurate and that you are the copyright owner or
authorized to act on the owner’s behalf.
(b) Designated Agent. Our Designated Agent for notices of claimed infringement is:
Copyright Agent
CaveKraft Technology LLC
155 Anna Farm Rd E
North Stonington, CT 06359
Email: Rob@kaddyplus.com
Telephone: +1 (860) 230-4480
(c) Our Response. On receipt of a notification that substantially complies with applicable law, we may
remove or disable access to the allegedly infringing material and take reasonable steps to notify the
user who posted it.
(d) Counter-Notification. If you believe material you posted was removed or disabled because of
mistake or misidentification, you may send our Designated Agent a written counter-notification
containing the information required by 17 U.S.C. § 512(g)(3), including your physical or electronic
signature; identification of the removed material and its former location; a statement under penalty of
perjury that you have a good-faith belief the material was removed or disabled by mistake or
misidentification; and your name, address, telephone number, and required consent to jurisdiction and
service of process. If we receive a valid counter-notification, we may restore the material as permitted
by applicable law unless the original complainant timely informs us of a court action seeking to
restrain the allegedly infringing activity.
(e) Repeat Infringers. It is our policy, in appropriate circumstances, to disable or terminate accounts of
users who are repeat infringers of copyright or other intellectual-property rights.
(f) Misrepresentations. Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents
that material is infringing, or that material was removed or disabled by mistake or misidentification,
may be liable for damages, including costs and attorneys’ fees.
21. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, SERVICES CONTENT,
SUBSCRIPTIONS, COMMUNITY FEATURES, PERFORMANCE ANALYTICS, AND OTHER
MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS,” “AS
AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, CAVEKRAFT TECHNOLOGY LLC DISCLAIMS IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT, ACCURACY, RELIABILITY, QUIET ENJOYMENT, AND WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
WE DO NOT WARRANT THAT:
THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
DEFECTS WILL BE CORRECTED;
THE SERVICES OR SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
LOCATION TRACKING, DISTANCE MEASUREMENTS, COURSE DATA, SCORING, OR
OTHER FEATURES WILL ALWAYS BE ACCURATE, COMPLETE, CURRENT, OR AVAILABLE.
22. Force Majeure
To the extent permitted by applicable law, we will not be responsible for delay, interruption, or failure
to perform resulting from events beyond our reasonable control, including natural disasters, fire, flood,
earthquake, epidemic or pandemic, labor disputes, civil unrest, war, terrorism, government action,
utility or power failures, internet or telecommunications failures, cyber incidents not caused by our
failure to use legally required safeguards, and failures or acts of third-party service, hosting,
infrastructure, mapping, payment, App Store, or device providers. This Section does not excuse
obligations that applicable law does not permit us to exclude or delay.
23. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CAVEKRAFT TECHNOLOGY LLC AND ITS
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND SUCCESSORS SHALL
NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE,
BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING
TO:
YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;
A SUBSCRIPTION, PAID FEATURE, OR THIRD-PARTY SERVICE;
USER CONTENT OR THIRD-PARTY CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE INHERENT RISKS OF
DISC GOLF OR YOUR USE OF THE SERVICES DURING PLAY;
YOUR INTERACTIONS WITH OTHER USERS OR THIRD PARTIES;
ERRORS, MISTAKES, DELAYS, OR INTERRUPTIONS IN THE SERVICES; OR
UNAUTHORIZED ACCESS TO OR USE OF INFORMATION, EXCEPT TO THE EXTENT
LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE
LIABILITY OF CAVEKRAFT TECHNOLOGY LLC AND THE OTHER RELEASED PARTIES FOR
ALL CLAIMS, REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO
THESE TERMS, THE SERVICES, OR A SUBSCRIPTION OR PAID FEATURE SHALL NOT
EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO CAVEKRAFT
TECHNOLOGY LLC FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
The limitations in this Section do not apply to liability that applicable law does not permit us to limit or
exclude, including where applicable liability for death or personal injury caused by negligence, fraud or
fraudulent misrepresentation, willful misconduct, or other non-waivable liability. This Section does not
apply at all to a consumer in Australia (see Section 35(e)) or to a consumer in New Zealand (see
Section 36(e)), and applies to a consumer in the European Union, the EEA, or the United Kingdom
only as provided in Sections 28(e) and 34(b). Nothing in this Section limits your obligation to pay valid
charges.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF
LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Time Limit on Claims. To the extent permitted by applicable law, a claim or cause of action arising out
of or relating to these Terms or the Services must be commenced within one (1) year after the claim
or cause of action accrues. This limitation does not apply where applicable law provides a longer or
non-waivable period, and does not apply to a consumer in Australia, New Zealand, Canada, the
United Kingdom, the European Union, or the EEA.
24. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless
CaveKraft Technology LLC and its parents, subsidiaries, affiliates, officers, directors, employees,
agents, contractors, licensors, and service providers from third-party claims, demands, actions,
proceedings, damages, losses, liabilities, judgments, settlements, costs, and reasonable attorneys’
fees arising out of or relating to:
your material breach of these Terms;
your User Content or your infringement or misappropriation of third-party rights through User
Content;
your violation of applicable law; or
your fraud, willful misconduct, or unauthorized use of another person’s account or information.
This Section does not apply to a consumer in Australia (see Section 35(e)) or to a consumer in New
Zealand (see Section 36(e)), and does not require a consumer in the European Union, the EEA, the
United Kingdom, or Canada to indemnify CaveKraft Technology LLC to the extent such an obligation
is prohibited or unenforceable under applicable law.
25. Termination
You may stop using the Services at any time and may request account deletion through available
account controls or by contacting us. Canceling a Subscription and deleting an account are separate
actions; if your Subscription is billed through an App Store or other third-party platform, you must
cancel the Subscription through that platform as described in Section 6.4.
Before confirming account deletion, you may use any available export functionality to download or
export your available Kaddy+ account and play history. Export is optional and is not required to delete
your account.
Deleting your account does not delete or alter another user's account or round history. If information
must remain to preserve a shared multiplayer round, paired scorecard, course record, mapping
information, or another community contribution, that information may remain as described in our
Privacy Policy, but the deleted user’s Kaddy+ account and personal identifiers will be removed or
dissociated from the retained information. Retained course or mapping contributions will not continue
to display the deleted user as the mapper or contributor.
Subject to applicable law and any rights associated with a paid Subscription, we may suspend,
restrict, or terminate access to the Services or an account if we reasonably believe you materially
violated these Terms or applicable law, your account is being used without authorization, your use
presents a material fraud, abuse, security, or safety risk, required fees remain unpaid after applicable
billing procedures, or continued provision of the Services is no longer reasonably feasible. Where
practicable and legally required, we will provide appropriate notice before termination, unless
immediate action is reasonably necessary for security, safety, fraud prevention, legal compliance, or
protection of the Services or others.
We may change or discontinue a Service or feature subject to applicable law, the terms applicable to
a paid Subscription, and any mandatory consumer remedies. Information associated with a
terminated account will be retained or deleted in accordance with our Privacy Policy and applicable
law.
Upon termination, the rights and licenses granted to you under these Terms cease. Provisions that by
their nature should survive termination will survive, including provisions concerning ownership and
intellectual property, certain User Content licenses, Feedback, disclaimers, limitations of liability,
indemnification, dispute resolution, accrued payment obligations, and miscellaneous terms.
26. Governing Law, Venue, and Jurisdiction
(a) Governing Law. These Terms and any dispute, claim, or controversy arising out of or relating to
these Terms, the Privacy Policy, the Services, or any Subscription or paid feature purchased through
the Services (each, a “Dispute”) are governed by the laws of the State of Connecticut, without regard
to conflict-of-law principles that would require application of another jurisdiction’s laws, except to the
extent mandatory consumer law provides otherwise. The United Nations Convention on Contracts for
the International Sale of Goods does not apply.
(b) Venue. Subject to Sections 27, 28, and 37, a Dispute that is not subject to arbitration, and an
action to enforce an arbitration award, will be brought in the state courts located in New London
County, Connecticut, or, if federal subject-matter jurisdiction exists, the United States District Court for
the District of Connecticut. You and CaveKraft Technology LLC consent to the personal jurisdiction of
those courts, subject to non-waivable rights under applicable law.
(c) Consumer Protection Savings Clause. Nothing in this Section deprives you of non-waivable
consumer-protection rights or a right to bring or defend a claim in another forum where applicable law
does not permit that right to be waived.
27. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE
LAW OR AS PROVIDED BELOW, IT REQUIRES YOU AND CAVEKRAFT TECHNOLOGY LLC TO
RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN
COURT AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS
ACTION.
European Union and EEA consumer exclusion. If you are a consumer resident in a member state of
the European Union or in another country in the European Economic Area, this Section 27 does not
apply to you. You are not required by these Terms to submit a consumer claim to pre-dispute
arbitration administered by the American Arbitration Association or any other arbitral body, and you do
not waive any collective, representative, or other procedural right. After a dispute has arisen,
CaveKraft Technology LLC and the consumer may voluntarily agree to mediation, arbitration, or
another lawful dispute-resolution process.
Canadian consumer exclusions. If you are a consumer resident in British Columbia or Quebec,
this Section 27 does not apply to the extent provincial law prohibits pre-dispute mandatory
arbitration, restrictions on court access, or class-action waivers. In Quebec, a consumer is not
required by these Terms to refer a dispute to arbitration before the dispute arises, to surrender
a right to go before a court, or to waive a right to bring or participate in a class action where
the Quebec Consumer Protection Act prohibits such a term. Alberta consumers are not
required by these Terms to submit a consumer dispute to pre-dispute mandatory arbitration
where applicable Alberta law does not permit it. Ontario consumers retain statutory court and
class-proceeding rights that cannot lawfully be waived. After a dispute has arisen, CaveKraft
Technology LLC and a Canadian consumer may voluntarily agree to arbitration, mediation, or
another lawful dispute-resolution process where permitted.
Swiss consumer savings. If you are a consumer resident in Switzerland, Section 27 applies
only to the extent permitted by mandatory Swiss law. Nothing in Section 27 requires you to
waive a non-waivable consumer right, remedy, procedural protection, or right to a forum that
applicable Swiss law does not permit you to waive. After a dispute has arisen, you and
CaveKraft Technology LLC may voluntarily agree to mediation, arbitration, or another lawful
dispute-resolution process where permitted.
(a) Informal Resolution First. Before either party commences arbitration or a court proceeding other
than a proceeding expressly exempted below, the party seeking relief must send the other a written
Notice of Dispute describing the nature of the claim and the relief sought. Your Notice must be sent to
the legal-notice address in Section 31(c). The parties will attempt in good faith to resolve the Dispute
informally for at least thirty (30) days after receipt of the Notice before commencing arbitration, unless
a limitations period or urgent need for relief requires earlier action.
(b) Agreement to Arbitrate. Except as provided in paragraphs (d) and (e), and except where
applicable law prohibits enforcement of this agreement, you and CaveKraft Technology LLC agree
that a Dispute not resolved informally will be resolved by final and binding individual arbitration
administered by the American Arbitration Association (“AAA”) under its applicable Consumer
Arbitration Rules, as modified by this Section. A single neutral arbitrator will preside. If your claim
seeks US $10,000 or less, you may choose, subject to the AAA rules, whether the arbitration is
conducted on documents, by telephone or videoconference, or at an in-person hearing. An in-person
consumer hearing will take place in the county where you reside unless the parties agree otherwise.
The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this
Section to the extent applicable.
(c) Arbitration Fees. Filing, administrative, and arbitrator fees will be governed by the AAA rules and
applicable law. If you initiate a consumer arbitration seeking US $10,000 or less, have complied with
paragraph (a), and applicable AAA rules do not already require a more favorable allocation, CaveKraft
Technology LLC will reimburse the consumer filing fee and pay remaining AAA administrative and
arbitrator fees unless the arbitrator determines the claim is frivolous or was brought for an improper
purpose. Each party bears its own attorneys’ fees and costs unless applicable law or the arbitrator
authorizes an award.
(d) Small Claims Exception. Either party may bring an individual claim in small claims court in the
county where you reside, or in the county identified in Section 26(b), if the claim is within that court’s
jurisdiction and remains an individual action.
(e) Injunctive Relief Exception. Either party may seek temporary, preliminary, or permanent injunctive
relief in a court of competent jurisdiction to prevent actual or threatened infringement,
misappropriation, or violation of intellectual-property rights, confidential information, or security rights,
where such relief is legally available.
(f) Class Action Waiver. YOU AND CAVEKRAFT TECHNOLOGY LLC AGREE, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A
PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR
REPRESENTATIVE PROCEEDING.
The arbitrator may award relief only to the individual party before the arbitrator except to the extent
applicable law requires otherwise. If a final, non-appealable decision determines that this paragraph is
unenforceable as to a particular claim or remedy, that claim or remedy will be severed and may
proceed in a court of competent jurisdiction while enforceable claims proceed in individual arbitration,
unless applicable law requires a different result.
(g) Thirty-Day Right to Opt Out. You may opt out of this Section 27 by sending written notice to the
legal-notice address in Section 31(c) within thirty (30) days after the date you first accept the version
of these Terms containing this arbitration agreement. Your opt-out notice must include your
username, the email address associated with your account, and a clear statement that you wish to opt
out of arbitration. If you timely opt out, neither you nor CaveKraft Technology LLC will be required to
arbitrate Disputes under this Section, and the class-action waiver in paragraph (f) will not apply to you
to the extent it depends on this arbitration agreement.
(h) Coordinated or Mass Filings. If twenty-five (25) or more claimants represented by the same or
coordinated counsel submit arbitration demands raising substantially similar Disputes within a ninety
(90)-day period, the parties agree, to the extent permitted by the AAA rules and applicable law, that
the arbitrations may be administered in staged batches of up to ten (10) claimants at a time. Filing and
administrative fees for later batches may be deferred and applicable limitations periods tolled while
earlier batches proceed. After the first batch is resolved, the parties will participate in a good-faith
mediation concerning the remaining claims before further batches proceed. This paragraph does not
prohibit any claimant from pursuing an individual claim and is intended only to provide an orderly
process for substantially similar coordinated filings.
(i) Severability; Survival. Except as specifically provided in paragraph (f), if a portion of this Section is
held unenforceable, the remaining portions will continue to the extent permitted by law. This Section
survives termination of your account and these Terms.
28. Consumers in the European Union and EEA
This Section applies if you use the Services as a consumer for purposes outside your trade, business,
craft, or profession and you reside in a member state of the European Union or another country in the
European Economic Area (“EEA”). If this Section conflicts with another provision of these Terms, this
Section controls for the consumer rights it addresses.
(a) Mandatory Local Rights. Nothing in these Terms affects mandatory consumer rights under the law
of your country of residence that cannot be waived, excluded, or limited by contract. A provision of
these Terms applies to you only to the extent permitted by those mandatory rights.
(b) Digital Content and Digital Services. Where applicable EU or EEA law requires digital content or a
digital service to conform to the contract, we remain responsible for providing conformity and legally
required remedies, which may include bringing the Service into conformity, a proportionate price
reduction, termination, or another remedy provided by mandatory law. Nothing in Sections 3, 21, 23,
or 25 limits a statutory conformity guarantee or remedy that cannot lawfully be waived.
(c) Updates and Changes. We may provide security, technical, compatibility, or feature updates.
Where applicable law requires updates necessary to maintain conformity of digital content or digital
services, we will provide them as required. Material modifications to an ongoing paid digital service
will be made only as permitted by applicable law and any applicable Subscription terms, and where
required we will provide advance notice and information about your right to terminate.
(d) Governing Law and Courts. The choice of Connecticut law in Section 26 does not deprive you of
mandatory protections provided by the law of your country of residence. Sections 26 and 27 do not
require you to bring proceedings outside your country of residence, submit to binding arbitration, or
waive collective or representative remedies where mandatory law gives you a non-waivable right to
pursue a claim or defense through your local courts or another competent body.
(e) Liability. Sections 13, 21, 23, and 24 apply only to the extent permitted by the mandatory law
applicable to you. Nothing in these Terms excludes or limits liability for death or personal injury
caused by negligence, fraud or fraudulent misrepresentation, willful misconduct, or another category
of liability that applicable law does not permit us to exclude or limit.
(f) Right of Withdrawal. If you enter into a distance contract for a paid Subscription and applicable law
gives you a statutory right of withdrawal, including a right that generally lasts fourteen (14) days, that
right applies in addition to the cancellation terms in Section 6. The purchase flow may ask you to
expressly request that performance begin during the withdrawal period and may provide legally
required disclosures concerning payment for services already provided or loss of a withdrawal right for
certain digital content once performance begins. Any waiver, loss, or limitation of a statutory
withdrawal right is effective only if the legal requirements for it are satisfied. Where required, we or the
applicable billing platform will provide confirmation of the transaction and information about how to
exercise withdrawal rights.
(g) Platform Purchases. If you purchase through the Apple App Store, Google Play, or another third-
party platform, that platform may process payment, cancellation, refunds, and statutory withdrawal
requests on CaveKraft Technology LLC’s behalf or under its own legal responsibilities. Nothing in
these Terms reduces consumer rights that apply to the transaction under your local law.
(h) Changes to These Terms. Where mandatory law applicable to you requires reasonable advance
notice, a valid contractual basis, consent, or a termination right before a change to these Terms or an
ongoing paid Service can take effect, we will comply with those requirements.
29. California and Other State Law Notices
See Section 31(e) for the consumer notice provided for California users. Privacy rights for residents of
California and other U.S. states are described in our Privacy Policy to the extent those laws apply to
CaveKraft Technology LLC and the Services.
30. Miscellaneous
These Terms, together with our Privacy Policy and any Supplemental Terms incorporated by
reference or presented in connection with specific features, Subscriptions, promotions, or services,
constitute the entire agreement between you and CaveKraft Technology LLC concerning the subject
matter they address and supersede prior or contemporaneous understandings concerning that subject
matter.
If a provision of these Terms is held unlawful, void, or unenforceable, that provision will be enforced to
the maximum extent permitted or severed as necessary, and the remaining provisions will remain in
effect, subject to any specific severability rule in Section 27.
Our failure to enforce a right or provision is not a waiver of that right or provision.
You may not assign or transfer these Terms or your rights or obligations under them without our prior
written consent, except where applicable law gives you a non-waivable right to do so. We may assign
these Terms to an affiliate or in connection with a merger, acquisition, financing, reorganization, or
sale of all or substantially all assets associated with the Services, subject to applicable law. These
Terms are binding upon and benefit permitted successors and assigns.
Headings are for convenience only and do not affect interpretation. “Including” means “including
without limitation.” Singular words include the plural where the context permits, and vice versa.
31. Contact Us; Notices
(a) Operator. The Services are operated by CaveKraft Technology LLC, a Connecticut limited liability
company.
(b) Customer Support. For questions about your account, a Subscription, or the Services generally,
contact us at:
Email: Rob@kaddyplus.com
Online: www.kaddyplus.com
(c) Legal Notices to Us. A formal legal notice under these Terms, including a Notice of Dispute under
Section 27(a) or an arbitration opt-out notice under Section 27(g), must be in writing and delivered by
hand, nationally recognized overnight courier requiring signature, or certified U.S. mail with return
receipt requested, to:
CaveKraft Technology LLC
Attn: Legal Department
155 Anna Farm Rd E
North Stonington, CT 06359
A courtesy copy may also be sent to legal@kaddyplus.com, but email alone does not constitute
formal legal notice unless applicable law requires or we expressly agree otherwise in writing.
(d) Notices to You. We may give notices under these Terms by email to the address associated with
your account, through an in-App or website notice, or by mail to an address you provided, as
permitted by applicable law. The effective time of notice will be determined by applicable law and the
method used. You are responsible for keeping your contact information current.
(e) California Users. In accordance with California Civil Code § 1789.3, California users are entitled to
the following consumer-rights notice: If you have a question or complaint regarding the Services,
contact us using paragraph (b). California residents may also contact the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer Affairs by mail at
1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
(f) EU/EEA Privacy Representative. Where Article 27 of the GDPR requires CaveKraft Technology
LLC to designate a representative in the European Union, we will designate that representative in
writing and state the representative’s identity and contact information in the Privacy Policy and other
privacy notices where required. The representative is a privacy contact point and does not replace
CaveKraft Technology LLC as the party responsible for these Terms.
32. App Store Terms
This Section applies to the App when you download, purchase, or access it through a third-party
application store or distribution platform, including the Apple App Store or Google Play (each, an “App
Store”).
(a) These Terms are between you and CaveKraft Technology LLC, not the App Store, except that the
App Store and its affiliates may have rights expressly described in this Section. As between CaveKraft
Technology LLC and the App Store, CaveKraft Technology LLC is responsible for the App and its
content to the extent required by applicable law and the platform agreement.
(b) Your license to use the App is limited to a non-transferable license to use the App on a device that
you own or control, or otherwise as permitted by the usage rules of the applicable App Store.
(c) To the extent CaveKraft Technology LLC is responsible for maintenance or support services for
the App, the App Store has no obligation to furnish those services except as required by its own rules
or applicable law.
(d) To the extent any warranty is not effectively disclaimed under these Terms or applicable law,
CaveKraft Technology LLC, not the App Store, is responsible for that warranty. If the App fails to
conform to an applicable warranty, the App Store may provide a refund or other remedy to the extent
required under its policies or applicable law.
(e) CaveKraft Technology LLC, not the App Store, is responsible for addressing claims relating to the
App, including product-liability claims, claims that the App fails to conform to applicable legal or
regulatory requirements, and consumer-protection or privacy claims, except to the extent the App
Store has independent obligations under applicable law.
(f) If a third party claims that the App or your possession and use of it infringes that third party’s
intellectual-property rights, CaveKraft Technology LLC, not the App Store, will be responsible for
investigation, defense, settlement, and discharge of the claim to the extent required by applicable law
and the applicable platform agreement.
(g) You represent and warrant that you are not prohibited from using the Services under applicable
U.S. export-control or sanctions laws, including by being located in a comprehensively embargoed
jurisdiction or appearing on a U.S. Government prohibited or restricted-party list, except to the extent
such a representation is prohibited by applicable law.
(h) Each App Store and its subsidiaries are third-party beneficiaries of this Section to the extent
provided by that App Store’s required terms, and may enforce the applicable provisions against you.
(i) App Store Subscriptions. A Subscription purchased through an App Store is billed and managed
through that App Store. The App Store may control eligibility for free trials and promotions, payment
authorization, renewal, price-change notices or consent, cancellation, refunds, tax handling, and
restoration of purchases. You are responsible for managing the Subscription through the applicable
App Store account as described in Sections 6 and 7.
CaveKraft Technology LLC
Contact: Rob@kaddyplus.com
33. Consumers in Canada
This Section applies if you use the Services as a consumer in Canada, including Quebec and all other
provinces and territories where the Services are made available. If this Section conflicts with another
provision of these Terms with respect to a mandatory Canadian consumer right, this Section controls
to the extent of that conflict.
(a) Mandatory Consumer Rights. Nothing in these Terms waives, releases, excludes, or limits a right,
benefit, remedy, warranty, or protection that applicable federal or provincial consumer-protection law
does not permit you to waive, release, exclude, or limit.
(b) Provincial Dispute Rights. The Canadian consumer exclusions stated at the beginning of Section
27 apply. In particular, Quebec and British Columbia consumers are not bound by pre-dispute
arbitration or class-action waiver provisions to the extent prohibited by applicable provincial law;
Alberta consumers are not required by these Terms to submit a consumer dispute to pre-dispute
mandatory arbitration where prohibited; and Ontario consumers retain statutory court and class-
proceeding rights that cannot be waived. After a dispute has arisen, you and CaveKraft Technology
LLC may voluntarily agree to arbitration, mediation, or another lawful dispute-resolution process
where permitted.
(c) Internet and Distance Transactions. Where applicable Canadian or provincial law requires pre-
purchase disclosures, an opportunity to review and correct errors, an express opportunity to accept or
decline the transaction, delivery of a copy or confirmation of the agreement, or statutory cancellation
or refund rights for an Internet, remote, or distance transaction, CaveKraft Technology LLC will
provide or facilitate those rights as required by law. For a purchase made through an App Store or
other third-party billing platform, the platform may provide some or all of the required transaction
disclosures, confirmations, notices, cancellation tools, or refunds under its own legal obligations or as
CaveKraft Technology LLC’s service provider.
(d) Provincial Subscription and Consumer-Contract Rights. Where provincial law, including applicable
requirements in British Columbia or Quebec, imposes mandatory rules concerning subscription
disclosures, automatic renewal, contract amendments, cancellation, refunds, notices, or online
consumer transactions, CaveKraft Technology LLC or the applicable App Store or billing platform will
provide or facilitate those rights as required by law. This paragraph does not create a statutory right
where the applicable law does not provide one.
(e) Platform Purchases. Nothing in these Terms reduces a Canadian consumer right because a
Subscription or paid feature is purchased through the Apple App Store, Google Play, or another billing
platform. Where a platform controls billing, renewal, cancellation, or refunds, you may be required to
use that platform’s tools, but mandatory rights under applicable Canadian law remain preserved.
(f) Governing Law and Forum. The Connecticut governing-law and venue provisions in Section 26 do
not deprive a Canadian consumer of mandatory protections, remedies, court access, or forum rights
provided by applicable Canadian or provincial law that cannot lawfully be waived.
34. Consumers in the United Kingdom
This Section applies if you use the Services as a consumer for purposes wholly or mainly outside your
trade, business, craft, or profession and you are ordinarily resident in England, Wales, Scotland, or
Northern Ireland (the “United Kingdom” or “UK”). If this Section conflicts with another provision of
these Terms with respect to a mandatory UK consumer right, this Section controls to the extent of that
conflict.
(a) Mandatory UK Consumer Rights. Nothing in these Terms excludes, restricts, waives, releases, or
limits any right, remedy, warranty, protection, or liability that applicable UK consumer law does not
permit to be excluded, restricted, waived, released, or limited, including rights arising under the
Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013, and applicable provisions of the Digital Markets, Competition and
Consumers Act 2024 as they are in force.
(b) Digital Content and Services. Where applicable UK law requires digital content to be of satisfactory
quality, fit for a particular purpose, or as described, or requires a service to be performed with
reasonable care and skill, CaveKraft Technology LLC will provide the remedies required by law.
Those remedies may include repair or replacement, repeat performance, a price reduction, a refund,
or another statutory remedy. Sections 21, 22, 23, and 24 apply only to the extent consistent with non-
waivable UK consumer rights.
(c) Online and Distance Contracts. Before a UK consumer is bound by an online or distance
purchase, CaveKraft Technology LLC or the applicable App Store or billing platform will provide the
pre-contract information required by applicable UK law, clearly identify any obligation to pay, provide a
reasonable opportunity to correct input errors where required, and provide confirmation of the contract
in a durable form that the consumer can retain. Where UK law provides a statutory cancellation
period, including a 14-day cancellation period for an applicable distance contract, that right applies in
addition to Section 6. If a consumer requests that a service begin during a statutory cancellation
period, or requests immediate supply of digital content, any payment obligation or loss of a
cancellation right will apply only after the consent, request, acknowledgement, and confirmation
required by law have been obtained or provided.
(d) Subscriptions and Automatic Renewal. In addition to Section 6, any statutory UK rights governing
a Subscription or automatically renewing contract apply and prevail over any inconsistent provision of
these Terms. CaveKraft Technology LLC will provide the subscription information, renewal or
reminder notices, cooling-off notices or periods, cancellation methods, cancellation confirmation,
refunds, or proportionate refunds required by applicable UK law. Where applicable UK law requires an
online Subscription to be terminable through a straightforward online method, that method will be
made available. A third-party App Store or billing platform may administer some or all of these
functions where permitted by law.
(e) Subscription and Price Changes. A material change to an ongoing paid Subscription, including a
change in price, renewal terms, or cancellation rights, will be made only as permitted by applicable UK
law. Where UK law requires advance notice, consent, a right to cancel or terminate, or a refund
because of a change, CaveKraft Technology LLC or the applicable billing platform will provide or
facilitate that protection.
(f) Disputes; No Mandatory U.S. Arbitration for UK Consumers. Section 27 does not apply to a UK
consumer. These Terms do not require a UK consumer to submit a pre-dispute consumer claim to
binding arbitration administered by the American Arbitration Association or to waive a collective,
representative, or other procedural right that applicable UK law does not permit to be waived. After a
dispute has arisen, CaveKraft Technology LLC and the consumer may voluntarily agree to mediation,
arbitration, or another lawful alternative-dispute-resolution process.
(g) Governing Law and Courts. The choice of Connecticut law in Section 26 does not deprive a UK
consumer of mandatory protections provided by applicable UK law. A UK consumer may bring
proceedings in the courts of the part of the United Kingdom in which the consumer resides, or in
another court available under applicable mandatory law. CaveKraft Technology LLC will not rely on
Section 26 to require a UK consumer to litigate solely in Connecticut where UK law gives the
consumer a non-waivable right to another forum.
(h) App Store and Platform Purchases. If a UK consumer purchases a Subscription or paid feature
through the Apple App Store, Google Play, or another third-party platform, that platform may process
payment, provide transaction confirmations, administer cancellation or cooling-off rights, send renewal
notices, or process refunds under its own legal responsibilities or on behalf of CaveKraft Technology
LLC. Use of a platform does not reduce any mandatory UK consumer right that applies to the
transaction.
35. Consumers in Australia
This Section applies if you use the Services as a consumer in Australia for purposes wholly or mainly
outside your trade, business, or profession. If this Section conflicts with another provision of these
Terms with respect to a mandatory Australian consumer right, this Section controls to the extent of
that conflict.
(a) Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer
guarantee, right, remedy, protection, or liability under the Australian Consumer Law or other
applicable Australian law that cannot lawfully be excluded, restricted, or modified.
(b) Consumer Guarantees and Remedies. Where the Australian Consumer Law applies, services
supplied by CaveKraft Technology LLC are subject to the consumer guarantees provided by law,
including applicable guarantees that services will be supplied with due care and skill, be fit for a
disclosed purpose, and be supplied within a reasonable time where no time is fixed. If an applicable
consumer guarantee is not met, you are entitled to the remedy or remedies provided by Australian
law, which may include re-performance, cancellation, a refund, compensation, or another statutory
remedy depending on the circumstances.
(c) Refunds. Section 6.9 and any statement that a payment is non-refundable do not exclude or limit a
refund, cancellation right, compensation right, or other remedy that an Australian consumer is entitled
to receive under the Australian Consumer Law or other applicable Australian law.
(d) Subscriptions and Automatic Renewal. Before an Australian consumer enters a paid Subscription,
CaveKraft Technology LLC or the applicable App Store or billing platform will provide the material
subscription information required by Australian law, including the price and billing frequency, the
Subscription period, whether and how the Subscription automatically renews or continues, and how to
cancel. Where Australian law requires an online method to end a Subscription, that cancellation
method will be readily available, straightforward, and will require only steps reasonably necessary to
identify the Subscription, verify the subscriber where appropriate, and complete cancellation. Any
legally required renewal, continuation, cancellation, confirmation, or refund rights apply
notwithstanding an inconsistent provision of Section 6.
(e) Provisions That Do Not Apply to Australian Consumers. Sections 23 (Limitation of Liability) and 24
(Indemnification) do not apply to an Australian consumer. The one-year contractual claim period
stated in Section 23 also does not apply to an Australian consumer. Other disclaimers, releases,
termination provisions, and limitations in these Terms apply only to the extent permitted by the
Australian Consumer Law and other applicable Australian law.
(f) Disputes; No Mandatory U.S. Arbitration for Australian Consumers. Section 27 does not apply to an
Australian consumer. These Terms do not require an Australian consumer to submit a pre-dispute
consumer claim to binding arbitration administered by the American Arbitration Association or to
waive a court, tribunal, collective, representative, or other procedural right that applicable Australian
law does not permit to be waived. After a dispute has arisen, CaveKraft Technology LLC and the
consumer may voluntarily agree to mediation, arbitration, or another lawful alternative-dispute-
resolution process.
(g) Governing Law and Australian Courts and Tribunals. The choice of Connecticut law in Section 26
does not deprive an Australian consumer of the protections of the Australian Consumer Law or other
mandatory Australian law. Nothing in Section 26 prevents an Australian consumer from bringing a
claim in an Australian court or tribunal where applicable Australian law gives the consumer a non-
waivable right to do so.
(h) App Store and Platform Purchases. If an Australian consumer purchases a Subscription or paid
feature through the Apple App Store, Google Play, or another third-party platform, that platform may
process payment, provide transaction information, administer cancellation, or process refunds under
its own legal responsibilities or as a service provider to CaveKraft Technology LLC. A subscription-
entitlement service provider may help validate purchases and manage paid access. Nothing in the
use of an App Store, billing platform, or subscription-entitlement provider reduces any mandatory
Australian consumer right or remedy.
36. Consumers in New Zealand
This Section applies if you use the Services as a consumer in New Zealand for purposes wholly or
mainly outside your trade, business, or profession. If this Section conflicts with another provision of
these Terms with respect to a mandatory New Zealand consumer right, this Section controls to the
extent of that conflict.
(a) New Zealand Consumer Law; In Trade. CaveKraft Technology LLC supplies Kaddy+ in trade.
Nothing in these Terms excludes, restricts, or modifies any guarantee, right, remedy, protection, or
liability under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other applicable New
Zealand law that cannot lawfully be excluded, restricted, or modified.
(b) Software, Goods, Services, and Remedies. Where New Zealand consumer law applies, Kaddy+
software, digital content, and services are subject to the guarantees and standards imposed by
applicable law. Those protections may include guarantees concerning acceptable quality, fitness for a
disclosed purpose, reasonable care and skill, and supply within a reasonable time where applicable. If
an applicable statutory guarantee is not met, you are entitled to the remedy or remedies provided by
New Zealand law, which may include repair or correction, re-performance, cancellation, a refund,
damages, or another statutory remedy depending on the circumstances.
(c) Refunds. Section 6.9 and any statement that a payment is non-refundable do not exclude or limit a
refund, cancellation right, damages, or other remedy that a New Zealand consumer is entitled to
receive under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other applicable
New Zealand law.
(d) Subscriptions, Automatic Renewal, and Price Changes. Before a New Zealand consumer enters a
paid Subscription, CaveKraft Technology LLC or the applicable App Store or billing platform will
clearly disclose the material subscription terms, including the price and billing frequency, Subscription
period, whether and how the Subscription renews or continues, and how to cancel. Renewal, price-
change, cancellation, confirmation, or other notices and rights required by applicable New Zealand
law will be provided or facilitated by CaveKraft Technology LLC or the applicable billing platform.
Subscription and price-change terms will be administered consistently with the Fair Trading Act 1986
and other applicable New Zealand consumer law.
(e) Provisions That Do Not Apply to New Zealand Consumers. Sections 23 (Limitation of Liability) and
24 (Indemnification) do not apply to a New Zealand consumer. The one-year contractual claim period
stated in Section 23 also does not apply to a New Zealand consumer. Other disclaimers, releases,
termination provisions, and limitations in these Terms apply only to the extent permitted by applicable
New Zealand law.
(f) Disputes; No Pre-Dispute Arbitration for New Zealand Consumers. Section 27 does not require a
New Zealand consumer to submit a dispute to arbitration pursuant to an arbitration agreement
entered before the dispute arose. If a dispute has arisen, arbitration may occur only if the consumer
separately agrees in writing to arbitration after the dispute has arisen, as required by applicable New
Zealand law. Nothing in these Terms requires a New Zealand consumer to waive a court, tribunal,
collective, representative, or other procedural right that applicable New Zealand law does not permit
to be waived.
(g) Governing Law and New Zealand Courts and Tribunals. The choice of Connecticut law in Section
26 does not deprive a New Zealand consumer of protections provided by the Consumer Guarantees
Act 1993, the Fair Trading Act 1986, or other mandatory New Zealand law. Nothing in Section 26
prevents a New Zealand consumer from bringing a claim in a New Zealand court, the Disputes
Tribunal, or another competent forum where applicable New Zealand law gives the consumer a non-
waivable right to do so.
(h) App Store and Platform Purchases. If a New Zealand consumer purchases a Subscription or paid
feature through the Apple App Store, Google Play, or another third-party platform, that platform may
process payment, provide transaction information, administer cancellation, send notices, or process
refunds under its own legal responsibilities or on behalf of CaveKraft Technology LLC. Use of a
platform does not reduce any mandatory New Zealand consumer right that applies to the transaction.
37. Consumers in Switzerland
This Section applies if you use the Services as a consumer for purposes wholly or mainly outside your
trade, business, craft, or profession and you reside in Switzerland. If this Section conflicts with another
provision of these Terms with respect to a mandatory Swiss consumer right, this Section controls to
the extent of that conflict.
(a) Mandatory Swiss Rights. Nothing in these Terms excludes, restricts, waives, releases, or limits
any right, remedy, warranty, protection, procedural right, or liability that applicable mandatory Swiss
law does not permit to be excluded, restricted, waived, released, or limited.
(b) Subscription Formation and Purchase Information. Before a Swiss consumer completes a paid
Subscription or other paid transaction, CaveKraft Technology LLC or the applicable App Store or
billing platform will clearly display the material purchase terms required by applicable law, including
the selected plan or feature, price and currency, billing period, trial terms if any, renewal behavior,
cancellation method, and applicable taxes or charges. Where required, the purchase flow will identify
the action that creates the payment obligation and provide a reasonable opportunity to review and
correct input errors before the transaction is completed.
(c) Automatic Renewal, Cancellation, and Price Changes. Sections 6 and 7 apply subject to
mandatory Swiss law. Renewal, cancellation, and price-change terms will be presented transparently
and administered as permitted by applicable law. Where an App Store or billing platform controls
billing, renewal, cancellation, or refunds, you may be required to use that platform's tools, but use of
the platform does not reduce a mandatory Swiss consumer right.
(d) Service Changes, Termination, Disclaimers, Liability, and Indemnity. The provisions concerning
changes to the Services or these Terms, suspension or termination, warranties and disclaimers,
limitation of liability, release, and indemnification apply to a Swiss consumer only to the extent
permitted by mandatory Swiss law. Nothing in these Terms limits liability or a remedy that cannot
lawfully be limited in advance.
(e) Governing Law, Courts, and Dispute Resolution. The choice of Connecticut law in Section 26 does
not deprive a Swiss consumer of mandatory protections provided by applicable Swiss law. Sections
26 and 27 apply only to the extent they may lawfully be agreed and enforced against a Swiss
consumer and do not require the waiver of any non-waivable Swiss forum, procedural, or consumer-
protection right.
(f) App Store and Platform Purchases. If a Swiss consumer purchases a Subscription or paid feature
through the Apple App Store, Google Play, or another third-party platform, that platform may process
payment, provide transaction information, administer cancellation, send notices, or process refunds
under its own legal responsibilities or on behalf of CaveKraft Technology LLC. Use of a platform does
not reduce any mandatory Swiss consumer right that applies to the transaction.