⚖️ This document is in attorney review. Final version expected by May 11, 2026. Contact steve@goldenwestgames.com with questions.

Billiard CRM — Terms of Service

Effective Date: Last Updated: April 27, 2026

These Terms of Service ("Terms") govern your access to and use of Billiard CRM, a cloud-based customer relationship management platform for billiards businesses (the "Service"), operated by ("Golden West Games," "we," "us," or "our").

Please read these Terms carefully before creating an account or using the Service. By registering, clicking "I Agree," or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

1. Acceptance of Terms

1.1 Binding Agreement

By accessing or using Billiard CRM — including signing up for a free account, beginning a trial, or continuing to use the Service after a change to these Terms — you enter into a legally binding agreement with Golden West Games. These Terms apply to all users, visitors, and others who access the Service.

1.2 Authority to Bind a Business

If you are accepting these Terms on behalf of a company, partnership, organization, or other legal entity ("Business"), you represent and warrant that you have full legal authority to bind that Business to these Terms. In that case, "you" refers to both you individually and the Business. If you do not have such authority, you may not accept these Terms or use the Service on behalf of the Business.

1.3 Age Requirement

You must be at least 18 years old to use the Service. By accepting these Terms, you represent that you meet this requirement.

2. The Service

2.1 What Billiard CRM Is

Billiard CRM is a multi-tenant, cloud-based software-as-a-service (SaaS) CRM platform designed for billiards retail shops, pool halls, service technicians, and related businesses. The Service provides tools including, but not limited to: customer and contact management, service job and repair tracking, inventory management, appointment scheduling, SMS and email customer communications, payment collection via Stripe Connect, and business reporting.

2.2 What Billiard CRM Is Not

The Service is a general-purpose business management tool. It is not a provider of legal, financial, tax, accounting, employment, medical, or professional advice. Nothing in the Service, its documentation, or communications from Golden West Games constitutes professional advice. You are solely responsible for the business decisions you make using information from the Service and for ensuring your business operations comply with all applicable laws, regulations, and licensing requirements. We encourage you to consult qualified professionals for advice specific to your situation.

2.3 Service Components and Third-Party Infrastructure

The Service relies on third-party infrastructure and services, including but not limited to: Supabase (database hosting), Vercel (application hosting), Stripe (payment processing), Twilio (SMS delivery), Resend (transactional email), Google Cloud Storage (file storage), and Sentry (error monitoring). Your use of features that involve these third-party services is subject to those providers' terms in addition to these Terms.

3. Eligibility

3.1 Geographic Restriction

The Service is currently available to users located in the United States only. By using the Service, you represent that you are located in, and operate your business from, the United States. We do not knowingly make the Service available to users in jurisdictions where it would violate local law.

3.2 Sanctions Compliance

You represent and warrant that you are not: (a) located in, or a national or resident of, any country subject to a U.S. government embargo or designated as a "terrorist supporting" country; (b) listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce's Denied Persons List; or (c) otherwise prohibited from using the Service under applicable export control or sanctions laws.

4. Your Account

4.1 Account Registration

To use most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated. Each business should maintain a single account. Creating multiple accounts to circumvent plan limits or restrictions is prohibited.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials, including your password. You agree not to share your credentials with anyone other than authorized members of your team added through the Service's built-in multi-user features. You are solely responsible for all activity that occurs under your account, whether or not you authorized it.

4.3 Unauthorized Access

If you suspect that your account has been compromised or that unauthorized access has occurred, you must notify us immediately at steve@goldenwestgames.com. We are not liable for any loss or damage arising from unauthorized access to your account that results from your failure to protect your credentials.

4.4 Account Integrity

You may not use another user's account without permission. You may not attempt to access accounts, data, or systems you are not authorized to access.

5. Subscription Plans and Billing

5.1 Plans and Pricing

Golden West Games offers the following subscription plans:

Plan	Monthly Fee	Transaction Fee	Notes
Solo	Free	None	See Section 6
Team	$25/month	1.0% (capped)	Multi-user features
Pro	$99/month	0.5% (capped)	Advanced reporting, priority support
Enterprise	Custom	Custom	Contact us for pricing

Transaction fees apply to payments collected through the Stripe Connect integration. "Capped" means the transaction fee will not exceed a maximum dollar amount per transaction as disclosed at the time of plan selection. Pricing for plans not listed above, or pricing changes to existing plans, will be communicated in accordance with Section 20 of these Terms.

5.2 Billing and Auto-Renewal

Paid plans are billed monthly in advance. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By providing a payment method, you authorize Golden West Games and/or its payment processor to charge you for each renewal period until you cancel.

5.3 Cancellation

You may cancel your subscription at any time through Settings → Billing in the Service. Your cancellation will take effect at the end of your current billing period. You will retain access to paid features until the period ends. Cancellation does not entitle you to a refund of amounts already paid.

5.4 Refund Policy

No refunds are provided for partial months or unused periods, except as required by applicable law. If you believe a charge was made in error, contact us within 30 days of the charge at steve@goldenwestgames.com.

5.5 Upgrades and Downgrades

Upgrades (moving to a higher-tier plan) take effect immediately. The new plan's fee will be prorated for the remainder of the current billing period and charged at the time of upgrade; subsequent billing cycles will be charged at the full new rate.

Downgrades (moving to a lower-tier plan) take effect at the start of your next billing period. You will retain access to your current plan's features until then.

5.6 Past-Due Accounts

If a payment fails, we will notify you and retry the charge. If your account remains past-due after a 7-day grace period, we may restrict access to paid features (including but not limited to SMS sending, advanced reporting, and multi-user access) until payment is received. Prolonged non-payment may result in account suspension or termination under Section 13.

5.7 Taxes

You are responsible for all taxes, duties, and levies arising from your subscription, other than taxes based on Golden West Games' income. If we are required to collect taxes, they will be added to your invoice.

6. Free Tier (Solo Plan)

6.1 Free Access

The Solo plan is provided free of charge and offers a limited set of features suitable for single-operator billiards businesses. We offer the Solo plan to help small shops get started without upfront cost.

6.2 No Commitment; Subject to Change

Golden West Games reserves the right to modify, limit, or discontinue the Solo plan at any time, with at least 30 days' notice sent to the email address on file. If we discontinue the Solo plan, we will clearly communicate the transition options available to you (including continued paid access or data export). We will not convert a free account to a paid account without your affirmative consent.

6.3 No SLA for Free Tier

The Solo plan is provided on an "as-available" basis. Golden West Games does not offer any uptime commitments, support response time guarantees, or service level agreements for free-tier users.

7. Acceptable Use

Your use of the Service must comply with our Acceptable Use Policy (acceptable-use-policy.md), which is incorporated into these Terms by reference. The following highlights apply specifically to the nature of the Service:

7.1 Messaging Compliance

You agree to use Billiard CRM's SMS and email features only in compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and, where applicable, Canada's Anti-Spam Legislation (CASL). You will not use the Service to send unsolicited commercial messages. You represent and warrant that you have obtained legally sufficient consent from each recipient before sending any marketing or promotional message through the Service.

7.2 Lawful Use

You will not use the Service for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations.

7.3 No Circumvention

You will not attempt to circumvent, disable, or interfere with: (a) rate limits or throttling mechanisms; (b) feature gates or plan restrictions; (c) security controls; or (d) authentication or access controls. Automated scraping, crawling, or bulk data extraction from the Service is prohibited.

7.4 No Unauthorized Resale

You will not resell, sublicense, white-label, or otherwise provide the Service to third parties as a product or service without Golden West Games' prior written consent. The Service is licensed to you for your own internal business use only.

7.5 No Harmful Conduct

You will not upload, transmit, or store content that is unlawful, harmful, defamatory, obscene, or infringes third-party intellectual property rights. You will not introduce malware, viruses, or other harmful code into the Service.

8. TCPA Compliance and Indemnification

8.1 You Are the Sender

You acknowledge and agree that, for purposes of the Telephone Consumer Protection Act (47 U.S.C. § 227) and all implementing regulations, you (the business operator) are the "sender" or "initiator" of any text message or voice communication sent to your customers through Billiard CRM. Golden West Games provides the technical means to send such messages; it does not initiate, script, or control your communications with your customers.

8.2 Your TCPA Representations

By using any SMS feature within the Service, you represent and warrant that:

(a) You have obtained, and will maintain records of, express written consent (as that term is defined under the TCPA and FCC regulations, including FCC Order 23-107 and any successor rules) from each individual recipient before sending them any marketing or promotional text message;

(b) Your consent records include the specific telephone number consented to, the date and manner of consent, and the nature of the communications consented to;

(d) You have complied and will continue to comply with all applicable carrier (including but not limited to Twilio, AT&T, Verizon, and T-Mobile) messaging program requirements, including A2P 10DLC registration obligations; and

(e) You have implemented, or will implement, all policies and procedures required to maintain ongoing compliance with the TCPA and applicable state consumer protection laws governing commercial text messaging.

8.3 TCPA Indemnification

You agree to defend, indemnify, and hold harmless Golden West Games, and its parent, subsidiaries, affiliates, officers, directors, employees, agents, and successors (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, fines, penalties, damages, losses, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or relating to:

(a) Your SMS or voice communications sent through the Service, including any alleged violation of the TCPA, the Telemarketing Sales Rule (TSR), or any state telemarketing or consumer protection law;

(b) Your failure to obtain or maintain required consents from your customers;

(d) Any class action, regulatory investigation, or private right of action brought by or on behalf of your customers arising from your use of the SMS features.

This indemnification obligation survives termination of your account and these Terms.

9. Payment Processing via Stripe Connect

9.1 Stripe as Payment Processor

Payments collected from your customers through Billiard CRM are processed by Stripe, Inc. ("Stripe") via the Stripe Connect platform. Golden West Games is a Stripe platform, and you are a "Connected Account" within the meaning of Stripe's terms. By enabling payment collection features, you agree to the Stripe Connected Account Agreement and the Stripe Services Agreement, as each may be updated by Stripe from time to time.

9.2 Your Relationship with Stripe

Your agreement with Stripe is independent of your agreement with Golden West Games. You acknowledge and agree that Stripe may independently disable your Connected Account, withhold funds, or impose restrictions on your payment processing activities pursuant to Stripe's own terms and risk policies. Golden West Games has no control over such actions.

9.3 Golden West Games Is Not a Party to Customer Transactions

Golden West Games is not a buyer, seller, merchant of record, or party to any transaction between you and your customers. Disputes between you and your customers regarding products sold, services rendered, refunds, or chargebacks are solely between you and your customers (and your payment processor). You are solely responsible for your tax obligations arising from transactions processed through the Service.

9.4 Transaction Fees

Transaction fees described in Section 5.1 are charged by Golden West Games in addition to any fees charged directly by Stripe. All fee disclosures are provided at the time of plan selection.

10. Customer Data and Privacy

10.1 Your Data Belongs to You

The personal information, contact records, transaction histories, and other data you input about your customers ("Customer Data") belong to you. Golden West Games does not claim ownership of Customer Data.

10.2 Our Role as Service Provider / Sub-Processor

Golden West Games processes Customer Data on your behalf in order to provide the Service. In the context of applicable data protection laws:

Under the California Consumer Privacy Act (CCPA), Golden West Games is a "service provider" processing personal information at your direction.
If you have customers in the European Economic Area or United Kingdom, Golden West Games would act as a data "processor" on your behalf as the "controller." A Data Processing Addendum (DPA) reflecting the Standard Contractual Clauses (SCCs) or UK Addendum, as applicable, is available upon written request at steve@goldenwestgames.com.

10.3 Your Privacy Obligations

You are solely responsible for: (a) providing any privacy notices or disclosures to your customers that are required under applicable law; (b) obtaining any consents required before sharing customer data with Golden West Games or using it in the Service; and (c) responding to data subject requests from your customers regarding their personal information.

10.4 Our Privacy Policy

Golden West Games' collection and use of data it receives from you and about you (as a subscriber) is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully.

10.5 Aggregated Data

Notwithstanding anything to the contrary, Golden West Games may collect and use anonymized, aggregated, and de-identified data derived from your use of the Service (e.g., feature usage statistics, performance metrics) for purposes of improving the Service, developing new features, and internal analytics. Such data will not identify you or your customers individually.

11. Intellectual Property

11.1 Our IP

Golden West Games owns all right, title, and interest in and to the Service, including all software, user interfaces, designs, logos, trademarks, documentation, and other content we create ("Our IP"). These Terms do not grant you any rights in Our IP other than the limited license described below.

11.2 License to You

Subject to your compliance with these Terms, Golden West Games grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription.

11.3 Your IP and Content

You retain all rights in the data, content, logos, and other materials you upload or input into the Service ("Your Content"). By using the Service, you grant Golden West Games a limited, worldwide, royalty-free license to host, store, copy, transmit, process, and display Your Content solely as necessary to provide and maintain the Service for you.

11.4 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant Golden West Games an irrevocable, perpetual, royalty-free license to use, incorporate, and commercialize that Feedback without restriction or compensation to you.

12. Service Availability

12.1 Uptime Goal

Golden West Games targets high availability of the Service but does not guarantee any specific uptime percentage or service level for Solo, Team, or Pro plan subscribers. Enterprise plan customers may negotiate separate SLA terms in their Enterprise Agreement.

12.2 Maintenance

We may take the Service offline for scheduled or emergency maintenance. We will make commercially reasonable efforts to schedule maintenance during off-peak hours and to provide advance notice when planned downtime is expected to be material.

12.3 Feature Changes

We reserve the right to modify, add, suspend, or discontinue any feature or aspect of the Service at any time. For material changes that remove existing paid functionality, we will provide at least 30 days' notice via email or in-app notification. We are not liable for any modification, suspension, or discontinuation of the Service made in good faith.

12.4 Third-Party Outages

The Service relies on third-party infrastructure providers (see Section 2.3). Golden West Games is not liable for service interruptions, data loss, or degraded performance caused by outages at these third-party providers, provided we take commercially reasonable steps to implement redundancy and recovery measures.

13. Termination

13.1 Termination by You

You may terminate your account at any time through Settings → Account → Delete Account. Upon initiating deletion, your account enters a 30-day grace period during which your data is retained and the account can be self-restored. After the grace period, your account and associated data are deleted in accordance with our Privacy Policy's data retention schedule. Termination does not entitle you to a refund of prepaid fees.

13.2 Termination by Golden West Games

We may suspend or terminate your account immediately and without prior notice if:

(a) You materially breach these Terms, the Acceptable Use Policy, or any other agreement with Golden West Games, and (if curable) fail to cure within 10 days of written notice;

(b) You use the Service for unlawful purposes, including violations of the TCPA, CASL, or anti-spam laws;

(d) You initiate a chargeback or payment dispute in bad faith.

We may terminate your account for any other reason with 30 days' written notice.

13.3 Effect of Termination

Upon termination or expiration of your account: (a) all licenses granted to you under these Terms immediately cease; (b) you must stop using the Service; and (c) we will delete your data in accordance with our Privacy Policy. Sections 8 (TCPA Indemnification), 10.5 (Aggregated Data), 11, 14, 15, 16, 17, 18, and 19 survive termination.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOLDEN WEST GAMES AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR purpose;
WARRANTIES OF NON-INFRINGEMENT;
WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE;
WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE; AND
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

GOLDEN WEST GAMES DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. TO THE EXTENT SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Limitation of Liability

15.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOLDEN WEST GAMES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES;
LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS;
LOSS OF DATA OR CORRUPTION OF DATA;
BUSINESS INTERRUPTION; OR
COST OF SUBSTITUTE GOODS OR SERVICES;

ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF GOLDEN WEST GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.

15.2 Cap on Total Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLDEN WEST GAMES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE — WILL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNTS YOU ACTUALLY PAID GOLDEN WEST GAMES FOR THE SERVICE IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

15.3 Essential Basis of the Bargain

YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION 15 ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WITHOUT WHICH GOLDEN WEST GAMES WOULD NOT HAVE ENTERED INTO THESE TERMS. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

16. Indemnification

16.1 Your Indemnification Obligation

You agree to defend, indemnify, and hold harmless Golden West Games and the Indemnified Parties (as defined in Section 8.3) from and against any and all third-party claims, demands, actions, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use of the Service or violation of these Terms;

(b) Your customers' use of your account or the products and services you offer to them through the Service;

(c) Your Customer Data, including any allegation that Your Content infringes or misappropriates a third party's intellectual property rights or violates applicable law;

(d) Your violation of any applicable law, regulation, or third-party right; or

(e) Any negligent, reckless, or intentionally wrongful act or omission by you or your employees, agents, or contractors.

16.2 Indemnification Procedure

We will: (a) promptly notify you in writing of any claim for which we seek indemnification (provided that a failure to notify will not relieve you of your indemnification obligation except to the extent you are materially prejudiced by such failure); (b) grant you sole control of the defense and settlement of the claim (provided that you may not settle any claim that imposes non-monetary obligations on Golden West Games without our prior written consent); and (c) provide you with reasonable cooperation, at your expense.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution First

Before initiating any formal dispute proceeding, the parties agree to try in good faith to resolve any dispute through direct negotiation. Either party may initiate informal resolution by sending written notice describing the dispute to steve@goldenwestgames.com (for disputes directed to Golden West Games) or to the email address on your account (for disputes directed to you). The parties will have 30 days from the date of such notice to attempt informal resolution before either party may proceed to arbitration or court.

17.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between the parties — including questions about the validity, enforceability, or scope of this arbitration agreement — will be resolved by final, binding arbitration, rather than in court, except as provided in Sections 17.4 and 17.5.

Arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (and, where applicable, the AAA Consumer Arbitration Rules or Supplementary Procedures), as in effect at the time the arbitration is commenced. The AAA's rules are available at www.adr.org. A single arbitrator will be appointed in accordance with AAA rules. The arbitration will be conducted in English and seated in Pierce County, Washington. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 CLASS ACTION WAIVER

YOU AND GOLDEN WEST GAMES EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

17.4 Small Claims Exception

Notwithstanding Section 17.2, either party may bring an individual claim in a small claims court of competent jurisdiction, provided the claim qualifies and remains in such court.

17.5 Injunctive Relief

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened: (a) infringement of intellectual property rights; (b) breach of confidentiality obligations; or (c) unauthorized access to or disclosure of data. Seeking such relief will not be deemed a waiver of the obligation to arbitrate other claims.

17.6 Arbitration Opt-Out

You may opt out of the binding arbitration agreement in Section 17.2 (and the class action waiver in Section 17.3) by emailing steve@goldenwestgames.com within 30 days of the date you first accepted these Terms, with the subject line: "Arbitration Opt-Out" and including your name and account email address. An opt-out election does not affect any other provision of these Terms. If you opt out, disputes will be resolved in the courts specified in Section 18.

17.7 Severability of Arbitration Provision

If any portion of this Section 17 (other than the class action waiver in Section 17.3) is found unenforceable, that portion will be severed and the remaining portions will continue to apply. If the class action waiver in Section 17.3 is found unenforceable in its entirety as to any particular claim, that claim must be litigated in court, not arbitrated, and the parties agree to stay all arbitrated claims pending the resolution of the litigated claim.

18. Governing Law and Venue

18.1 Governing Law

These Terms, and any dispute arising out of or related to them or the Service, will be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-law principles.

18.2 Judicial Venue

For any judicial proceeding permitted under these Terms (including enforcement of an arbitration award or claims excluded from arbitration under Sections 17.4 and 17.5), the parties irrevocably consent to exclusive jurisdiction and venue in the state and federal courts located in Pierce County, Washington.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, any Data Processing Addendum, and any Enterprise Agreement applicable to your account, constitute the entire agreement between you and Golden West Games with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

19.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, will be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

19.3 No Waiver

Golden West Games' failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. A waiver of any provision in one instance does not constitute a waiver of it in any other instance.

19.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without Golden West Games' prior written consent. Any purported assignment in violation of this provision is null and void. Golden West Games may assign these Terms or any of its rights or obligations hereunder without restriction, including in connection with a merger, acquisition, change of control, sale of assets, or operation of law. These Terms will bind and inure to the benefit of the parties' permitted successors and assigns.

19.5 Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, power outages, internet infrastructure failures, actions of governmental authorities, or failures of third-party service providers. The affected party will give prompt notice to the other and will use commercially reasonable efforts to resume performance as soon as practicable.

19.6 Notices

Notices to Golden West Games under these Terms must be sent by email to steve@goldenwestgames.com (with a confirmation copy sent via certified mail to the address in Section 21). Notices to you will be sent to the email address associated with your account. Notices are effective upon sending for email (provided no delivery failure notification is received) and upon delivery for certified mail. It is your responsibility to keep your account email address current.

19.7 Electronic Signatures and Agreements

You agree that your electronic acceptance of these Terms (whether by clicking "I Agree," by registering for an account, or by continued use of the Service after receiving notice of an update) constitutes a legally binding electronic signature and agreement, with the same legal effect as a handwritten signature. You waive any right to object to the validity or enforceability of these Terms on the basis that they were accepted electronically.

19.8 Relationship of the Parties

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

19.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

20. Changes to These Terms

20.1 Our Right to Update

Golden West Games reserves the right to modify these Terms at any time. We will not change these Terms in ways that materially reduce your rights without advance notice.

20.2 Notice of Material Changes

For material changes — including changes to pricing, arbitration provisions, liability limitations, or data practices — we will provide at least 30 days' advance notice via email to your account address and/or a prominent in-app notice. Non-material changes (e.g., corrections, clarifications, formatting) may take effect immediately.

20.3 Your Acceptance of Changes

If you continue to access or use the Service after the updated Terms' effective date, you agree to be bound by the updated Terms. If you disagree with a change, your only remedy is to stop using the Service and terminate your account before the effective date of the change.

21. Contact Information

If you have questions about these Terms, need to submit a legal notice, or wish to exercise rights described in these Terms, please contact us at:

Golden West Games Attn: Legal / Terms of Service

Email: steve@goldenwestgames.com

For TCPA-related notices or arbitration opt-outs, please include the appropriate subject line as specified in Sections 8 and 17.6 respectively.

These Terms of Service were last updated on April 27, 2026.