Terms and Conditions


TERMS OF SERVICE AND USE

These are the terms of service and use (the “Terms”) for Caddix, Inc. (“Caddix” or the “Company”). Please read these Terms carefully before using any Caddix services or products. Throughout these Terms, we may use “we”, “us”, or “our”, when referencing Caddix. The Company offers this website, including, but not limited to, all information, tools, and services available (collectively, the “website”) to you (“you” or “your”), conditioned solely upon the express acceptance of all terms, conditions, policies, and notices stated herein.

CADDIX IS NOT LIABLE FOR ANY INJURY SUSTAINED WHILE PARTICIPATING OR COMPETING IN ANY ACTIVITY WHILE WEARING OUR PRODUCT OR ENGAGING IN OUR SERVICES.

By visiting our website, purchasing our Products (as defined below), or engaging in our Services (as defined below), you agree to be bound by these Terms. These Terms apply to Caddix’s website and social media platforms, and other services provided now, or in the future, by Caddix (the “Services”); and any footwear, clothing, equipment, accessories, or other products sold or otherwise provided by Caddix (the “Products”). These Terms apply to all users of the website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

These Terms create a legally binding agreement between you and Caddix regarding your use of the Company’s Services and Products.

If you live in any of the following countries or regions, additional or alternative provisions of these Terms (set forth below) may apply to you: Australia, Brazil, Canada, Hong Kong, Japan, and all European countries (including specific terms for Austria, Belgium, France, Germany, Hungary, Italy, Netherlands, Poland, Spain, Switzerland, and the United Kingdom).

Additionally, specific portions of our website and order fulfillment are hosted on Shopify Inc. (“Shopify”) - a third party operating on Caddix’s behalf. Shopify provides us with the online e-commerce platform that allows us to sell our Products to you. By purchasing our Products or engaging in our Services, you also agree to Shopify’s terms and conditions located on their website. 

 

APPLICABLE TERMS

Terms of Sale

By purchasing a Product from us, you also agree to the Terms of Sale that apply in your country or region. The Terms of Sale are Supplemental Terms (as defined below). For information about how to return Products, see the Return Policy that applies in your country or region.

Privacy Policy

Our Privacy Policy describes how Caddix collects, uses, shares, and otherwise processes information about you.

Amateur Athlete Eligibility

If you are an amateur athlete using Caddix, you are responsible for ensuring that your use of our Services or Products does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. Caddix is not responsible or liable if your use of our Services or Products results in your ineligibility as an amateur athlete.

Updates

We reserve the right to update, change, or replace any part of these Terms from time to time. The “date of last revision” below indicates when these Terms were last updated. If we make updates, we may also send you a notification. Unless we indicate otherwise, updated Terms will be effective immediately upon posting and your continued use of the Services or purchase of additional Products will confirm your acceptance of the updates. It is your responsibility to check the website periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

Supplemental Terms

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services or Products (the “Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services or Products, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. See the Section titled “Alternative and Additional Terms” for more information.

GROUND RULES

Eligibility

If you are younger than the legal age of majority where you live, you may only use the Services under the supervision of a parent or guardian who also agrees to these Terms. There may be additional age restrictions on Services in certain countries or regions.

Caddix Account Registration

When you register for a Caddix account, the following rules and restrictions apply:

·      Provide accurate information and keep your information updated when changes occur.

·      Your account is for your personal use only. It is strictly prohibited for you to register for more than one account, register an account on behalf of someone else, or transfer your account to someone else.

·      Please keep your username, password, and other login credentials secure and do not allow anyone else to use your account.

·      Inform us immediately of any unauthorized use of your account. You may be responsible for anything that happens through your account – with or without your permission.

Devices

You may access the Services through a computer, mobile phone, tablet, console, or other technology (each a “Device”). By doing this, you agree to receive transactional and other emails, SMS messages, and text messages from Caddix at the email address or other contact information you provide unless you expressly opt out. Your provider’s normal data and text message rates and fees apply to your Device, and you are solely responsible for any charges incurred by a Device from receiving our messages.

COMPANY CONTENT

Content We Own

Except for your User Content (defined below), all of the content on our Services, including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, and other content (the "Content") is owned by Caddix, or our licensors, and is protected by copyright, trademark, patent, and other laws. Content is part of the Services, and you may only use the Services as expressly permitted by these Terms. Caddix reserves all rights not expressly granted to you in these Terms.

The Caddix name, the logo design, our product or service names, slogans, and the look and feel of the Products and Services are trademarks, service marks, trade dress, or trade names owned or licensed by Caddix, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Services or Products. Do not change, obscure, or delete any ownership or proprietary notices appearing in the Services or Products, including materials downloaded or printed from the Services.

License to Use

Subject to your compliance with these Terms, Caddix grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal, non-commercial use, and, solely with respect to any applications included as part of the Services, to install and use such applications on Devices that you own or control. Any applications included in the Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the Services and remove (i.e., uninstall and delete) applications included as part of the Services from your Devices.

4.              USER CONTENT

Content You Submit

Some parts of the Services may allow you and other users to create, post, store, share, or otherwise provide content including photos, videos, and text (the “User Content”). Caddix is not responsible for User Content. Except for the license you grant Caddix below, as between you and Caddix, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content.

License to Use

You grant Caddix and its subsidiaries and affiliates a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide and fully paid license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content, including the likeness of any person that appears in the User Content and any of the concepts or ideas contained in the User Content, for any purpose, including commercial uses, in all media formats and channels now known or later developed without compensation to you or any third party.

To the fullest extent permitted by applicable law, you hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law or under any legal theory.

Right to User Content

You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity.

5.              FEEDBACK AND IDEAS

We do not typically review unsolicited suggestions, ideas, feedback, or other materials that you post, submit, or otherwise communicate to us about Caddix, our Services, or our Products, (collectively, the “Feedback”). However, any Feedback you send us is provided on a non-confidential basis, and by submitting it, you grant Caddix and its subsidiaries and affiliates a license to use such Feedback for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to, for the purpose of developing, manufacturing, and marketing products and services.

6.              USER CODE OF CONDUCT

We’re excited to have you contribute to the Caddix community. However, you are solely responsible for your conduct while using our Services and Products and you must comply with the following rules:

Be Yourself. Do not impersonate or otherwise misrepresent your affiliation with any person or organization, including athletes or Caddix employees. Only interact with the Services as yourself for personal, non-commercial purposes. This means that you may not:

·      Use or attempt to use another user’s account;

·      Post any advertising, solicitations, or commercial content on the Services or accept payment from a third party in exchange for performing commercial activity on the website; or

·      Collect or solicit personal information from other users for any reason, including to send, distribute, or post spam, unsolicited, or bulk messages.

Be Original. Do no create, post, store, or share any User Content if you do not have all the rights necessary to grant us the license described above.

Be Safe. Take precautions when interacting with other users (including users you do not know) on the Services. Before you meet another user face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be.

Be Considerate. Do not do anything that may expose Caddix or its user to any type of harm. This means that you may not:

·      Do anything that may disrupt, damage, disable, tampe with, overburden, or limit the functionality of the Services;

·      Post User Content that contains software viruses, malware, adware, or other malicious computer code, or circumvent or modify any website software or security technology; or

·      Create, post, or share User Content that contains any private or personal information of any third party without that third party’s consent. Unless we indicate otherwise, our website is a public place.

Be Respectful. You may only use the Services for their intended and authorized purposes. This means that you may not:

·      Rent, lease, loan, sell, or resell our Services or related data without our consent;

·      Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for our Services or any related technologies that are not open source;

·      Develop or use any application or automated technology, other than as approved by Caddix, to interact with the Services;

·      Ignore instructions or bypass measures employed to prevent or limit access to any part of the Services;

·      Use any data mining, robots, scraping, or similar data gathering methods to access, use, scrape, or extract content or data from the Services; or

·      Use any content, data, or information from the Services or derived from the Services to develop, create, train, test, fine-tune, prompt, benchmark, or otherwise improve or validate: (i) any machine learning or artificial intelligence tools, models, systems, algorithms, or products; or (ii) any other technologies.

Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws.

Caddix has the right to prescreen, monitor, or remove User Content. However, enforcement of this Section is solely at Caddix’s discretion, and failure to enforce this Section 6 in some instances does not constitute a waiver of our right to enforce it in other instances.

7.              COPYRIGHT INFRINGEMENT

CADDIX has adopted a policy of terminating, in appropriate circumstances, the accounts of users found to infringe the intellectual property rights of others. If you believe that any User Content infringes a copyright that you own or control, you may provide us with written notification at the address set forth below. Please see Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”) for the requirements of a proper notification. If your complaint fails to provide everything specified in the DMCA, we may be unable to act on it.

Please consult your legal advisor before filing a notice of copyright infringement with us because there may be penalties for false claims.

Send copyright infringement complaints to the following email address with the subject title: “Copyright Infringement” – amanda@caddix.com.

PARTNERS ON THE PLATFORM

From time to time, Caddix may link to, provide information about, partner with, or allow you to connect your Caddix account with third-party websites, social media platforms, mobile apps, and other products, services, and experiences (the “Third Parties”). You may be able to connect with these Third Parties through the Services or Products, but this does not mean Caddix endorses, monitors, or has any control over these Third Parties or their activities. We provide information about and links to Third Parties as a service to those interested in such content. Caddix is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

9.              PHYSICAL ACTIVITY & SAFETY

The Services may include features that provide information about physical activity, nutrition, or general wellness or provide opportunities to engage in physical activity. Content and information provided through the Services are provided for educational and informational purposes only and are not intended as medical advice. The Services and Products are not medical devices and are not intended to diagnose, treat, cure, or prevent any illness, injury, metabolic disorder, disease, or health problem.

Before using our Products as part of any exercise regimen, consider the risks involved and consult with a medical professional. There are potentials for injury and other dangers associated with any physical or recreational activity, and you should not engage in any such activities that pose a heightened risk to you in light of your health conditions.

If you experience a medical emergency, stop using the Services and Products and consult with a medical professional immediately. You must take appropriate precautions while using the Services or Products and monitor your surroundings (e.g. traffic, crowds, and hazards). YOU ASSUME THE RISKS ASSOCIATED WITH ANY PHYSICAL ACTIVITIES THAT YOU ENGAGE IN WHILE WEARING OUR PRODUCTS.

10.       INDEMNIFICATION         

To the fullest extent permitted by applicable law, you agree to and will indemnify and hold harmless Caddix, Inc. and its subsidiaries and affiliates and each of its and their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, licensors, suppliers, successors, assigns, and insurers, and all sponsors, advertisers, volunteers, and staff (individually and collectively, the “CADDIX Parties”) from and against all claims losses, liabilities, expenses, damages, and costs, including legal fees, arising from or relating in any way to: (i) your access to or use of the Services or Products; (ii) your User Content or Feedback; or (iii) your violation of these Terms, any law or the rights of any third party (including intellectual property rights or privacy rights). The CADDIX Parties will have control of the defense or settlement, at the CADDIX Parties’ sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Caddix or the other CADDIX Parties.

11.           RELEASE

To the fullest extent permitted by applicable law, you, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the CADDIX Parties from any and all claims or causes of action you may have for damages arising from or relating to these Terms, the Services, or the Products. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in [the individual’s] favor at the time of executing the release and that, if known by [the individual], would have materially affected [the individual’s] settlement with the debtor or released party.”

12.           WARRANTIES; DISCLAIMERS

Your use of our Services and Products, and any content or materials provided therein or therewith is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Services, and any content or materials provided therein or therewith are provided “AS IS” and “AS AVAILABLE” without any representation or warranties of any kind, whether express, implied, or statutory. We aren’t making any promises of any kind, and Caddix disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Caddix does not represent or warrant that our Products, Services, or any content provided therein or therewith are accurate, complete, reliable, current, or error-free, that access to our Services or any content provided therein or therewith will be uninterrupted, or that any defects will be corrected. While Caddix attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith, or our servers are free of viruses or other harmful components, content, or materials. Caddix is not responsible for any damage to your Device resulting from accessing the Services, for your interactions with other users of the Services, or for any damage or harm you may experience because of these interactions. You assume the entire risk as to the quality and performance of the Products and Services and any content provided therein or therewith. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Caddix and the other CADDIX Parties. We hope you enjoy and get the full benefit of our Services and Products; however, we do not guarantee any results. The foregoing disclaimer of warranty does not apply to any product or manufacturer warranty expressly offered by Caddix and/or any third-party manufacturer of our Products.

13.           LIMITATION OF LIABILITY

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CADDIX NOR ANY OF THE CADDIX PARTIES WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICES, EVEN IF CADDIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS AND SERVICES. YOUR ONLY REMEDY AGAINST ANY CADDIX PARTY IN CONNECTION WITH ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICES IS TO STOP USING THE PRODUCTS OR SERVICES.
  2. IF CADDIX OR ONE OF THE OTHER CADDIX PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICES, THE MAXIMUM AGGREGATE LIABILITY OF CADDIX AND THE OTHER CADDIX PARTIES SHALL NOT EXCEED THE LESSER OF: (I) US $100.00 (OR THE EQUIVALENT OF US $100.00 IN THE LEGAL CURRENCY OF YOUR COUNTRY OR REGION) OR, IF YOU LIVE IN EUROPE, EURO €100.00; AND (II) THE AMOUNT PAID BY YOU TO CADDIX FOR THE APPLICABLE SERVICES OR PRODUCTS GIVING RISE TO SUCH LIABILITY. 
  3. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER BASIS, EVEN IF CADDIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitations set forth in this Limitation of Liability Section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Caddix or the other CADDIX Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

14.           MODIFICATION AND TERMINATION

Caddix may terminate or modify all or part of any Services, including member programs and Product offerings, at any time without notice. All modifications and additions to the Services and Product offerings will be governed by these Terms, unless otherwise expressly stated by Caddix in writing.

Caddix may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services at any time and for any reason, without any liability to Caddix, subject to applicable law.

These Terms remain in effect even after your account is closed, terminated, or suspended or you have otherwise stopped using the Services.

15.       ALTERNATIVE AND ADDITIONAL TERMS

In addition to these Terms, additional terms and conditions, including the following Supplemental Terms, may apply to your use of certain Services or Products:

  • Launch Terms
  • CADDIX Gift Card Terms and Conditions
  • CADDIX Promo Code Terms and Conditions
  • CADDIX Consumer Ratings and Reviews Terms of Service
  • Terms of Sale applicable in your country or region

16.           DISPUTES, JURISDICTION, VENUE

Applicable Law

Any disputes, claims, controversies, or legal proceedings arising out of or relating to these Terms, the Products, or Services (each a “Claim”) will be governed by and in all respects construed and enforced in accordance with Delaware law, except to the extent pre-empted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The United Nation’s Convention of Contracts for the International Sale of Goods will not apply.

Venue

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, all Claims shall be resolved individually, without resort to any form of class action or any other kind of representative proceeding, and exclusively in the state or federal courts located in Kent County, Delaware. You and Caddix waive any objection to venue in any such courts.

Time to Bring a Claim

To the extent permitted by law, a Claim must be brought within one year after the Claim arises; otherwise, the Claim is permanently barred, which means that you or Caddix will no longer have the right to assert that Claim against the other.

17.           MISCELLANEOUS

Export Restriction

You may not use or otherwise export or re-export the Products, Services, or related technology or any content contained therein, except as authorized by export control and sanctions laws of the United States and any other government having jurisdiction. In particular, but without limitation, the Products and Services and the technology and the content contained therein, may not be exported or re-exported to: (i) any U.S. sanctioned or embargoed countries or regions; or (ii) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person’s List or Entity List, or other U.S. sanctions or export control lists.

Electronic Communications

By using our Services or purchasing our Products, you agree to receive certain electronic communications from Caddix, subject to applicable law. Communications and transactions between Caddix and you may be conducted electronically.

Assignment

Caddix may assign its rights and duties under these Terms, in whole or in part, to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. You cannot assign your rights and duties under these Terms, and any attempted assignment in violation of this sentence is void.

Waiver

Caddix’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Caddix’s rights. You should always assume these Terms apply.

Severability

If any provision in these Terms is held unlawful, invalid, or unenforceable for any reason, including because it is found to be unconscionable, then: (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (iii) the unenforceable or unlawful provision may be revised to the extent required to render these Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent.

Intended Beneficiary

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

Section Headings

The Section headings in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation”.

Thank you for being a part of the Caddix community!

Date of last revision: January 2026


COUNTRY/REGION SPECIFIC TERMS

If you live in one of the following countries or regions these additional terms apply and/or supersede any inconsistent terms in the Terms of Use, as described below.

AUSTRALIA

Section 4 (USER CONTENT): The second paragraph in the subsection titled “License to Use” is deleted and replaced with the following:

You hereby irrevocably waive or give your consent to Caddix doing or not doing anything that may otherwise infringe any of your “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law or under any legal theory.

Section 10 (INDEMNIFICATION): This section is deleted and replaced with the following:

Nothing in these Terms will be read or applied so as to exclude, restrict, or modify or have the effect of excluding, restricting, or modifying any right or remedy implied by or contained in the Australian Consumer Law (the “ACL”) and which by law cannot be excluded, restricted, or modified, even if any other term of these Terms would otherwise suggest that this might be the case.

To the maximum extent permitted by applicable law (including the ACL), you agree to indemnify, defend, and hold harmless the CADDIX Parties from and against all reasonable claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your User Content, your misuse of the Services or Products, or any contravention of law by you, other than to the extent to which the CADDIX Parties or a third party contributed to or caused the loss.

Section 11 (RELEASE): This section is deleted and not replaced.

Section 12 (WARRANTIES; DISCLAIMERS): This section is modified by adding the following at the end of the section:

However, the Services, Content, and the materials and products contained therein come with certain guarantees that cannot be excluded for the benefit of Australian customers under the ACL, including but not limited to guarantees as to the acceptable quality and fitness of purpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict, or modify or have the effect of excluding, restricting, or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case.

Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following:

1.         TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT EXCLUDING OR LIMITING ANY RIGHTS UNDER THE ACL WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, NONE OF THE CADDIX PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR PRODUCTS, EVEN IF CADDIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2.         YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND PRODUCTS. YOUR ONLY REMEDY AGAINST ANY CADDIX PARTY IN CONNECTION WITH ANY DAMAGES ARISING OUT OF, OR RELATING TO, THESE TERMS, THE PRODUCTS, OR SERVICES, TO THE MAXIMUM EXTENT PERMITTED UNDER THE ACL, IS TO STOP USING THE PRODUCTS AND SERVICES.

3.         IF CADDIX OR ONE OF THE OTHER CADDIX PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICES, AND TO THE MAXIMUM EXTENT PERMITTED UNDER THE ACL, THE MAXIMUM AGGREGATE LIABILITY OF CADDIX AND THE OTHER CADDIX PARTIES SHALL NOT EXCEED THE LESSER OF: (I) US $100.00, OR (II) THE AMOUNT PAID BY YOU TO CADDIX FOR THE APPLICABLE SERVICES OR PRODUCTS GIVING RISE TO SUCH LIABILITY.

4.         THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER BASIS, EVEN IF CADDIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. However, the limitations set forth in this Limitation of Liability Section will not limit or exclude liability for the gross negligence, fraud, recklessness, or intentional misconduct of Caddix, the other CADDIX Parties, or for any other matters in which liability cannot be excluded or limited under applicable law, including those which cannot be excluded under the ACL.

Section 16 (DISPUTES, JURISDICTION, VENUE):

The subsection titled “Venue” is deleted and replaced with the following:

Except where prohibited by applicable law, including the ACL, you agree that all Claims shall be resolved exclusively in the state or federal courts located in Kent County, Delaware. You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Kent County, Delaware.

The subsection titled “Time to Bring a Claim” is deleted and not replaced.

BRAZIL

Section 16 (DISPUTES, JURISDICTION, VENUE): The subsections titled “Applicable Law” and “Venue” are deleted and replaced with the following:

Applicable Law/Venue

You agree that the Terms, Products, Services, and any dispute between you and Caddix arising therefrom shall be governed in all respects by Brazilian law, without regard to choice of law provisions, and not by the 1980 United Nation’s Convention on Contracts for the International Sale of Goods.

Except where prohibited, you agree that all disputes, claims, and legal proceedings directly or indirectly arising out of or relating to the Terms, Products, and/or Services shall be resolved individually, without resort to any form of class action, and exclusively in Brazil.

CANADA

Section 1 (TERMS APPLICABLE TO YOU): The subsection titled “Updates” is qualified by the following:

1.         If required by applicable law, Caddix will send to you, at least 30 days before the amendment comes into force, a notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and

2.         In such case, you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty, or cancellation indemnity by sending Caddix a written notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in Caddix’s obligations.

Multiple Sections: The terms set forth in Sections 9 (PHYSICAL ACTIVITY & SAFETY), Section 10 (INDEMNIFICATION), Section 12 (WARRANTIES; DISCLAIMERS), and Section 13 (LIMITATION OF LIABILITY) are qualified by the following:

Consumer protection laws in some jurisdictions, which may include Quebec, do not allow for the limitations and exclusions of warranties on purchased products or services. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity & Safety, Indemnification, Warranties; Disclaimers, and Limitation of Liability.

Section 16 (DISPUTES, JURISDICTION, VENUE): This section is modified by adding the following at the beginning of the section:

Consumer protection laws in some jurisdictions, which may include Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may prohibit mandatory waivers of your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable.

Section 17 (MISCELLANEOUS): The subsection titled “Export Restriction” is deleted and replaced with the following:

You may not use or otherwise export or re-export the Products, Services, or related technology or any content contained therein, except as authorized by export control and the sanctions laws of Canada, the United States, and any other government having jurisdiction (the “Sanctions”). In particular, but without limitation, the Products, Services, and the technology/content contained therein, may not be exported or re-exported to: (i) any Canadian or U.S. countries or regions that are subject to comprehensive Sanctions; or (ii) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List or Entity List, or other U.S. or Canadian sanctions or export control lists.

HONG KONG

Section 4 (USER CONTENT): The subsection titled “Right to User Content” is deleted and replaced with the following:

You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any laws of Hong Kong, rights of any person or entity, including any third-party rights, or cause injury to any person or entity. Caddix reserves the right to remove any User Content which in its sole opinion, violates or may violate the Hong Kong laws, rights of any person or entity, including any third-party rights, or causes or may cause injury to any person or entity. Caddix’s determination is final. In the event Caddix decides to remove such User Content, you will not be given any advance notice of removal.

JAPAN

Section 1 (TERMS APPLICABLE TO YOU): The subsection titled “Updates” is deleted and replaced with the following:

We may update these Terms from time to time. The “date of last revision” above indicates when these Terms were last updated. If we make updates, we may also send you a notification. Unless we indicate otherwise, updated Terms will be effective after posting in accordance with applicable law, and your continued use of the Services or purchase of additional Products will confirm your acceptance of the updates.

Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following:

1.         TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CADDIX NOR ANY OF THE CADDIX PARTIES WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICES, EVEN IF CADDIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS AND SERVICES. YOUR ONLY REMEDY AGAINST ANY CADDIX PARTY IN CONNECTION WITH ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, OR SERVICES IS TO STOP USING THE PRODUCTS AND SERVICES.

2.         IF CADDIX OR ONE OF THE OTHER CADDIX PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICES, THE MAXIMUM AGGREGATE LIABILITY OF CADDIX AND THE OTHER CADDIX PARTIES SHALL NOT EXCEED THE LESSER OF: (I) U.S. $100.00 (OR THE EQUIVALENT OF US $100.00 IN THE LEGAL CURRENCY OF YOUR COUNTRY OR REGION) OR, IF YOU LIVE IN EUROPE, EURO €100.00; OR (II) THE AMOUNT PAID BY YOU TO CADDIX FOR THE APPLICABLE SERVICES OR PRODUCTS GIVING RISE TO SUCH LIABILITY.

3.         THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER BASIS, EVEN IF CADDIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  The limitations set forth in this Section will not limit liability for the intentional act or gross negligence of Caddix or the other CADDIX Parties.

Section 16 (DISPUTES, JURISDICTION, VENUE): This section is deleted and replaced with the following:

Applicable Law

Any disputes, claims, controversies, or legal proceedings arising out of or relating to these Terms, the Products or Services (each a “Claim”) will be governed by and in all respects construed and enforced in accordance with Japanese law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods will not apply.

Venue

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, all Claims shall be resolved individually, without resort to any form of class action or any other kind of representative proceeding, and exclusively in the state or federal courts located in Tokyo, Japan. You and Caddix waive any objection to venue in any such courts.

Time to Bring a Claim

To the extent permitted by law, a Claim must be brought within one year after the Claim arises; otherwise, the Claim is permanently barred, which means that you or CADDIX will no longer have the right to assert that Claim against the other.

EUROPEAN COUNTRIES

The following revisions apply to all European countries, except for Austria, Belgium, France, Germany, Hungary, Italy, Netherlands, Poland, Spain, Switzerland, and the United Kingdom, where alternative and/or additional clauses apply. See country-specific paragraphs below for more information.

Section 7 (COPYRIGHT INFRINGEMENT): The first paragraph in this section is deleted and replaced with the following:

Caddix has adopted a policy of terminating, in appropriate circumstances, the accounts of users found to infringe the intellectual property rights of others. If you believe that your work has been improperly copied to the Services, such that it constitutes infringement, please provide us with a written notice including the following information:

(1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content;

(2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of hosting service;

(3) the name and email address of the individual or entity submitting the notice; and

(4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following:

The total liability of Caddix and any other CADDIX Party for any claim arising out of or relating to these Terms, regardless of the form of the action, is limited to the amount paid by you for the affected Services, unless you can demonstrate that the actual losses suffered by you are higher in which case Caddix will be liable to compensate the actual losses suffered and adequately demonstrated by you, provided that Caddix’s and any other CADDIX Party’s total liability will be limited to EUR 10,000.

The limitations set forth in this Section 13 will not limit or exclude liability for death or personal injury, or if it results from the gross negligence, fraud, or willful misconduct of Caddix or any other CADDIX Party or for any other matters in which liability cannot be excluded or limited under applicable law.

To the extent permitted by law and unless otherwise stated in these Terms, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities, or loss of data.

Section 16 (DISPUTES, JURISDICTION, VENUE): This section is deleted and replaced with the following:

Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

You agree that the Services, Terms, and any dispute between you and Caddix shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favor under the applicable laws of your country of residence.

Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Services (including but not limited to the purchase of Products) shall be resolved exclusively in the competent courts of Amsterdam, the Netherlands. As a consumer, you may also bring a claim before the courts of your country of residence. If you reside in the U.K., you may also bring a claim before English courts.

AUSTRIA

Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.

Section 10 (INDEMNIFICATION): This section is deleted and replaced with the following:

You agree to indemnify, defend, and hold harmless Caddix and its subsidiaries and affiliates and each of its and their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, licensors, suppliers, successors, assigns, and insurers, and all sponsors, advertisers, volunteers, staff, and owners or lessors of premises used in connection with a Service or Product (individually and collectively, the “CADDIX Parties”) from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, legal fees, arising from or relating in any way to your User Content, your use of Content, your use of the Services, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

Section 12 (WARRANTIES; DISCLAIMERS): The first sentence of this clause is deleted and replaced with the following:

The disclaimers set forth in this Section apply without prejudice to the provisions of Section titled “Limitation of Liability”.

The following words are added at the end of the clause: “or any statutory warranty”.

Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following:

Any liability of Caddix and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) is limited to cases of intent or gross negligence. In cases of slight negligence, the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called “cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death.

BELGIUM

Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.

Section 11 (RELEASE): This section is deleted and replaced with the following:

To the fullest extent permitted by applicable law, you, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the CADDIX Parties from any and all claims or causes of action you may have for damages arising from or relating to these Terms, the Services, or Products provided that such claims or causes of action for damages arising from or relating to these Terms or the Services, are solely attributable to you and your use of these Terms or the Services. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

FRANCE

Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.

Section 5 (FEEDBACK AND IDEAS): This section is deleted and replaced with the following:

We typically do not review unsolicited suggestions, ideas, feedback, or other materials that you post, submit, or otherwise communicate to us about Caddix, our Services, and/or Products (collectively, the “Feedback”). However, any Feedback you send us is provided on a non-confidential basis and you grant Caddix and its subsidiaries and affiliates, for the duration of the legal protection of the intellectual property rights, a license to use such Feedback for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to, for the purpose of developing, manufacturing, and marketing products and services.

Section 10 (INDEMNIFICATION): This section is deleted and replaced with the following:

You agree to indemnify, defend, and hold harmless CADDIX Inc., its affiliates, officers, directors, employees, agents, licensors, and suppliers (the “CADDIX Parties”) from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, legal fees, arising from or relating in any way to your violation of these Terms of Use, any law or the rights of any third party, including without limitation with regard to your User Content, your use of Content, your use of the Services, your conduct in connection with the Platform or with other Platform users.

Section 11 (RELEASE): This section is deleted and not replaced.

Section 12 (WARRANTIES; DISCLAIMERS): This section is deleted and not replaced.

Section 13 (LIMITATION OF LIABILITY): This section is deleted and not replaced.

Section 14 (MODIFICATION AND TERMINATION): The second paragraph of this section is deleted and replaced with the following:

To the fullest extent permitted by applicable laws, Caddix may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services if you violate these Terms of Use, any law or the rights of any third party, by giving you thirty days notice.

GERMANY

Section 1 (TERMS APPLICABLE TO YOU): This section is modified as follows:

The subsection titled “Updates” is replaced by the following:

We may update these Terms from time to time. The “date of last revision” above indicates when these Terms were last updated. If we make updates, you may refuse the amendment and rescind or cancel the contract by sending Caddix a written notice to that effect.

Section 8 (PARTNERS ON THE PLATFORM): The last sentence of this section is deleted and not replaced.

Section 10 (INDEMNIFICATION): This section is deleted and not replaced.

Section 11 (RELEASE): This section is deleted and replaced with the following:

You hereby release and discharge the CADDIX Parties from any and all claims or causes of action you may have for damages arising from or relating to these Terms, the Services, or Products.

Section 12 (WARRANTIES; DISCLAIMERS): This section is deleted and not replaced.

Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following:

Any liability of one or more of the CADDIX Parties is limited to cases of intent or gross negligence. In cases of slight negligence, Caddix and its agents are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so-called “cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death.

Section 14 (TERMINATION): This section is deleted and replaced with the following:

Caddix may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services at any time if you violate the terms and conditions of these Terms. In this case, we will inform you in advance of the reason and the extent of the intended measures and give you the opportunity to give a statement. After receiving the statement, we will inform you of our decision. Our right to terminate your account for cause without notice remains unaffected.

Section 17 (MISCELLANEOUS): The section titled “Severability” is deleted and replaced with the following:

If any provision in these Terms has not become part of the contract in whole or in part, or is invalid, the remainder of the Terms remains valid.

HUNGARY

Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.

Section 12 (WARRANTIES; DISCLAIMERS): This section is deleted and replaced with the following:

Your use of our Services and Products, and any content or materials provided therein or therewith is at your sole risk. Our Products, Services, and any content or materials provided therein or therewith are provided “AS IS” and “AS AVAILABLE” without any representation or warranties of any kind, whether express, implied, or statutory. Caddix will not be liable for any failure if your digital environment is not compatible with the technical requirements of the digital content or digital service.

Section 16 (DISPUTES, JURISDICTION, VENUE): This section is replaced with the version for European Countries above, with the following addition:

In line with the provisions of Act CLV of 1997 on Consumer Protection, if any consumer dispute between you and Caddix remains unresolved through negotiations, you, as a consumer, have the right to approach the Arbitration Board that has jurisdiction over your place of residence or domicile to initiate proceedings, or you may apply to the Arbitration Board that has jurisdiction over Caddix’s place of establishment.

ITALY

Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.

Section 14 (MODIFICATION AND TERMINATION): The first paragraph of this section is deleted and replaced with the following:

To the fullest extent permitted by applicable laws, Caddix may for valid reasons such as changes in the legal regulation, imposition of specific obligations by the authorities, improvement of the operation of the Services or Products, business decisions that terminate or modify all or part of any Services, including member programs and Product offerings at any time. If required under applicable laws, the user will be notified of those changes. All modifications and additions to the Services and Product offerings will be governed by these Terms, unless otherwise expressly stated by Caddix in writing.

NETHERLANDS

Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.

Section 10 (INDEMNIFICATION): This section is deleted and not replaced.

POLAND

Section 1 (TERMS APPLICABLE TO YOU): the subsection titled “Updates” is subject to the following restrictions:

1.         We may update these Terms from time to time due to the following reasons: changes in legal regulations that directly affect the content of these Terms; imposition of specific obligations by state authorities; improvement of the operation of the Services or Products; improvement of privacy protection; prevention of abuse; security considerations; technological and functional changes; changes in the scope of services provided, including the introduction of new ones; or editorial changes.

2.         At least 30 days before the change takes effect, Caddix must send you a written notice, written in a clear and legible manner, setting out reasons for introducing the change, the new clause and the effective date of the change; and

3.         You may reject the amendment and cancel the contract or, where the contract involves performance in stages, cancel the contract without payment of costs, penalties or damages for cancellation by sending CADDIX a notice to that effect no later than 30 days after the amendment comes into force if the amendment involves an increase in your obligations or a reduction in Caddix’s obligations.

Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.

Section 11 (RELEASE): This section is deleted and not replaced.

Section 14 (MODIFICATION AND TERMINATION): This section is deleted and replaced with the following:

Caddix may terminate or modify all or part of any Services, including member programs and Product offerings at any time and in accordance with Section 1. All modifications and additions to the Services and Product offerings will be governed by these Terms, unless otherwise expressly stated by Caddix in writing.

CADDIX may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services at any time and for any reason, in accordance with sub-section “Updates”, while retaining your rights, subject to applicable law.

These Terms remain in effect even after your account is closed, terminated, or suspended or you have otherwise stopped using the Services.

Section 16 (DISPUTES, JURISDICTION, VENUE):  This section is deleted and replaced with the following:

The Services, Terms, and any dispute between you and Caddix shall be governed in all respects by Polish law and Delaware law.

All disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Services shall be resolved in the courts competent under applicable law.

You have the right to lodge a complaint regarding the functioning of the Services or Products. Complaints may be lodged in any way that makes it possible to familiarize oneself with its content. Caddix shall consider the complaint within 30 days of its receipt. The response to the complaint shall be sent to You at the address provided by You in the complaint.

Disputes between Caddix and the consumer concerning the provision of Services or Products may be concluded amicably by way of proceedings before a conciliation court under the rules set out in the regulations of that court, e.g. before permanent conciliation consumer courts at provincial trade inspection inspectors referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection, under rules laid down in the Regulation of the Minister of Justice of 6 July 2017 on defining the rules of organization and operation of permanent arbitration courts at provincial inspectors of trade inspection.

SPAIN

Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.

Section 11 (RELEASE): This section is deleted and replaced with the following:

To the fullest extent permitted by applicable law, you, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the CADDIX Parties from any and all claims or causes of action you may have for damages arising from or relating to these Terms, the Services, or Products provided that such claims or causes of action for damages arising from or relating to these Terms or the Services, are solely attributable to you and your use of these Terms or the Services. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Section 12 (WARRANTIES; DISCLAIMERS): The following sentence is added at the end of this section:

The foregoing disclaimer of warranty does not apply to any statutory warranty.

Section 14 (MODIFICATION AND TERMINATION): The first paragraph of this section is deleted and replaced with the following:

To the fullest extent permitted by applicable laws, Caddix may for valid reasons such as changes in the legal regulation, imposition of specific obligations by the authorities, improvement of the operation of the Services or Products, or business decisions terminate or modify all or part of any Services, including member programs and Product offerings at any time. If required under applicable laws, user will be notified of those changes.  All modifications and additions to the Services and Product offerings will be governed by these Terms, unless otherwise expressly stated by Caddix in writing.

SWITZERLAND

Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.

Section 16 (DISPUTES, JURISDICTION, VENUE): This section is deleted and replaced with the following:

You agree that the Services, Terms, and any dispute between you and Caddix shall be governed in all respects by the substantive laws of Switzerland and Delaware law, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Except to the extent mandatory law provides otherwise, you agree that all disputes arising directly or indirectly out of or in connection with the Services and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland.

UNITED KINGDOM

Section 10 (INDEMNIFICATION): This section is deleted and replaced with the following:

To the fullest extent permitted by applicable law, you will indemnify and hold harmless Caddix and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) from and against all losses suffered or incurred (including reasonable legal fees), arising from or relating in any way to: (i) your access to or use of the Services or Products in breach of these Terms; (ii) your User Content or Feedback; or (iii) your violation of these Terms, any law or the rights of any third party (including intellectual property rights or privacy rights). The Released Parties will have control of the defense or settlement, at the Released Parties’ sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and CADDIX or the other Released Parties.

Section 12 (WARRANTIES, DISCLAIMERS): This section is deleted and replaced with the following:

To the maximum extent permitted by applicable law, your use of our Services and Products, and any content or materials provided therein or therewith is at your risk. Except as otherwise provided in writing by us and to the fullest extent permitted under applicable law, our Products, Services, and any content or materials provided therein or therewith are provided “AS IS” and “AS AVAILABLE” without any representation or warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Caddix does not represent or warrant that our Products, Services, or any content provided therein or therewith are accurate, complete, reliable, current, or error-free, that access to our Services or any content provided therein or therewith will be uninterrupted. Caddix is not responsible for any damage to your Device resulting from accessing the Services, for your interactions with other users of the Services, or for any damage or harm you may experience because of these interactions. We hope you enjoy and get the full benefit of the Services and Products; however, we do not guarantee any results. The foregoing disclaimer of warranty does not apply to any product or manufacturer warranty expressly offered by Caddix and/or any third-party manufacturer of Products.

Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following:

The total liability of Caddix and the Released Parties for any claim arising out of or relating to these Terms of Use, regardless of the form of the action, is limited to the amount paid by you for the affected Product, unless you can demonstrate that the actual losses suffered by you are higher in which case Caddix will be liable to compensate the actual losses suffered and adequately demonstrated by you, provided that Caddix’s total liability will be limited to EUR 10,000. In respect of any Services for which no fee is payable, Caddix’s total liability will be limited to EUR 10,000.

The limitations set forth in this Section 13 will not limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or willful misconduct of Caddix or any of the Released Parties or for any other matters in which liability cannot be excluded or limited under applicable law including breach of the terms implied by section 12 of the Sale of Goods Act 1979 and liability for defective products under the Consumer Protection Act 1987 and the Consumer Rights Act 2015.

To the extent permitted by law and unless otherwise stated in these Terms of Use, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data.