Terms of Service

These Terms of Service are a legal agreement between CallBreaker, LLC, an Arkansas limited liability company, and the organization or individual that creates, purchases, administers, or uses a CallBreaker subscription. By creating an account, purchasing a subscription, assigning a license, accessing the CallBreaker platform, or using any CallBreaker service, you agree to these Terms on behalf of yourself and, if applicable, the school, football program, booster organization, youth team, club, or other organization for which you act. Please read these Terms carefully.

1. Definitions

“Administrator” means the person who creates, purchases, manages, or controls a subscription account for a Team and who has authority to assign, remove, and transfer Authorized User licenses.

“Authorized User” means any coach, administrator, staff member, volunteer, analyst, or other person to whom the Administrator assigns one of the Team’s licenses.

“CallBreaker,” “we,” “us,” or “our” means CallBreaker, LLC, an Arkansas limited liability company its agents, employees, members, officers, and assigns.

“Customer,” “Team,” “you,” or “your” means the school, football program, booster organization, youth team, club, organization, or individual coach that purchases, administers, accesses, or uses a subscription.

“Customer Data” means information, files, play logs, scouting data, game data, team data, opponent data, settings, filters, notes, and other materials submitted, uploaded, entered, stored, or transmitted by or on behalf of a Customer or Authorized User through the Service.

“Uploaded Play Data” means the play-specific football information uploaded, entered, logged, imported, generated, or submitted by a Customer or Authorized User, including down, distance, formation, personnel, field position, game clock, play direction, jersey number of the player receiving or touching the ball, target area of the field, point of attack, play type, result, and similar football scouting or self-scouting information.

“Service” means the CallBreaker website, application, software, platform, tools, analytics, reports, dashboards, game-day features, voice-input features, scouting tools, AI-assisted features, documentation, and related services.

“Subscription Term” means the one-year subscription period beginning on the date CallBreaker accepts payment or activates the subscription, unless a different start date is stated in an order confirmation or written agreement signed by CallBreaker.

2. Acceptance of Terms and Authority to Bind

By purchasing a subscription, creating an account, or using the Service, you accept these Terms. If you accept these Terms on behalf of a school, football program, booster organization, youth team, club, or other organization, you represent and warrant that you have legal authority to bind that organization. If you do not have that authority, you may not create or administer an organizational account.

The Administrator may be any person with authority to bind the applicable Customer, including an authorized representative of a public school, private school, parochial school, booster organization, youth team, or individual coach purchasing for a team. The Customer is responsible for all activity under its account and for all acts and omissions of its Administrator and Authorized Users. The Customer must ensure that each Authorized User complies with these Terms and the CallBreaker Acceptable Use Policy.

3. Eligibility and Authorized Users

The Service is intended for use by adult coaches, administrators, and other authorized team personnel. The Service is not intended for direct use by athletes, students, children, or minors. A Customer may not assign a license to any person who is not authorized by the Customer to access the Team’s account and data.

Each annual subscription includes up to 12 licenses. Additional licenses beyond the 12 included may be purchased for $15 per license per year, prorated or charged as stated at checkout or in an order confirmation. The Administrator may assign those licenses to persons selected by the Administrator, including personnel associated with high-school, junior-high, youth, or other football teams within the Customer’s program, subject to these Terms. The Administrator may remove an Authorized User and transfer that license to another Authorized User during the Subscription Term.

Unless otherwise configured by CallBreaker, each Authorized User may access and use the features available under the subscription. Authorized Users may upload, enter, edit, view, and use Customer Data within the Team’s account. Only the Administrator may remove users, transfer licenses, manage licenses, and perform other account-management functions that CallBreaker reserves to the Administrator.

Licenses are for named Authorized Users only. Licenses may not be shared, resold, sublicensed, transferred outside the Customer’s organization, or used by multiple people under one login. The Customer is responsible for maintaining the confidentiality of account credentials.

4. Subscription, Fees, Payment, and Automatic Renewal

The annual subscription fee is $2,000 for one year of access to the Service for up to 12 licenses, unless a different price is stated in a written order confirmation issued by CallBreaker. Additional licenses beyond the 12 included may be purchased for $15 per license per year. Payment must be made electronically by credit card or another electronic payment method accepted by CallBreaker.

By submitting payment information, the Customer authorizes CallBreaker and its payment processor to charge the payment method for the initial annual subscription fee and for future renewal charges. Unless the subscription is canceled before the renewal date, the subscription will automatically renew for successive one-year terms, and CallBreaker may charge the then-current subscription fee to the payment method on file.

The Customer is responsible for maintaining current, complete, and accurate billing information. If a payment fails, CallBreaker may attempt to charge the payment method again, request updated payment information, suspend access, or terminate the account. CallBreaker may use third-party payment processors to process payments, and CallBreaker does not need to store full credit-card numbers to process subscription payments.

5. Cancellation and Refunds

A Customer may cancel the initial subscription within 10 days after the start of the Subscription Term and receive a full refund of the subscription fee paid for that term. After the 10-day cancellation period expires, all fees are non-refundable except where required by applicable law or expressly agreed in writing by CallBreaker.

There are no refunds, credits, or prorations for unused licenses, partial use, non-use, cancellation after the 10-day cancellation period, removal of Authorized Users, failure to assign all licenses, or early termination by the Customer. Cancellation prevents future renewal charges but does not entitle the Customer to a refund for the then-current Subscription Term after the 10-day cancellation period has expired.

To cancel a subscription or prevent automatic renewal, the Administrator must cancel through the account settings or billing portal if available, or by sending a cancellation request to [billing@callbreaker.app] before the renewal date. CallBreaker may require reasonable verification that the person requesting cancellation is the Administrator or is otherwise authorized to act for the Customer.

6. Taxes

Fees are exclusive of sales, use, excise, value-added, gross receipts, or similar taxes unless CallBreaker expressly states otherwise at checkout. CallBreaker may collect and remit taxes that it determines it is required to collect. If the Customer believes it is exempt from taxes, the Customer must provide a valid exemption certificate or other documentation requested by CallBreaker before the applicable charge is processed.

The Customer is responsible for any taxes, duties, or governmental assessments associated with its purchase or use of the Service, other than taxes based on CallBreaker’s net income. If CallBreaker is required to pay or collect taxes for which the Customer is responsible, CallBreaker may invoice or charge the Customer for those amounts.

7. License to Use the Service

Subject to these Terms and payment of all applicable fees, CallBreaker grants the Customer and its Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the Subscription Term for the Customer’s internal football scouting, self-scouting, coaching, analytics, game-preparation, and game-day decision-support purposes.

The Customer may not use the Service for any purpose not expressly permitted by these Terms. The Customer’s right to use the Service ends when the subscription expires or is terminated, except for any provisions of these Terms that survive expiration or termination.

8. Customer Data and Uploaded Play Data

As between the Customer and CallBreaker, the Customer retains ownership of Customer Data submitted by or on behalf of the Customer. The Customer grants CallBreaker a non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit, display, analyze, and use Customer Data as necessary to provide, maintain, secure, support, and improve the Service.

The Customer also grants CallBreaker a perpetual, irrevocable, worldwide, royalty-free license to retain and use Uploaded Play Data for CallBreaker’s internal software development, testing, validation, analytics improvement, product improvement, model improvement, quality assurance, security, troubleshooting, and similar service-development purposes. This license continues after expiration or termination of the Customer’s subscription.

CallBreaker may retain Uploaded Play Data permanently. This permanent retention is intended to allow CallBreaker to improve the Service, maintain historical football trend information, and create aggregated reports analyzing football trends over time.

9. Aggregated Reports and Football Trend Analysis

CallBreaker may use Uploaded Play Data from all Customers to prepare aggregated, statistical, de-identified, or non-customer-identifying reports and analyses concerning football trends. For example, CallBreaker may analyze whether certain play types, formations, offensive tendencies, personnel groupings, or tactical trends increased or decreased across a season or year.

CallBreaker will not identify a player by name in any report. CallBreaker will not identify a player by name in the Service. Player-related analysis may use jersey numbers, but Customers must not upload player names or unnecessary personally identifying athlete information.

CallBreaker will not disclose a Customer’s identifiable scouting information to an opponent. CallBreaker will not sell, license, or provide a Customer’s identifiable Customer Data to another team, opponent, data broker, advertiser, or third party for that third party’s separate commercial use. CallBreaker may use aggregated, statistical, de-identified, or non-customer-identifying information in CallBreaker’s business, including to improve the Service and to provide football-trend reports, so long as the information does not identify the Customer, its school, its team, its opponent-specific scouting file, its coaches, or any player by name.

10. Customer Responsibilities for Data

The Customer represents and warrants that it has all rights, permissions, consents, and authority necessary to upload, enter, submit, and use Customer Data through the Service. The Customer is responsible for the accuracy, quality, legality, and appropriateness of Customer Data.

The Customer must not upload player names, student names, personal contact information for athletes, medical information, academic information, disciplinary information, recruiting information, Social Security numbers, dates of birth, home addresses, personal phone numbers, personal email addresses, or other unnecessary personally identifying information. The Service is designed to use football play information and jersey numbers, not player names.

If the Customer is a school, school district, or other educational organization, the Customer is responsible for determining whether its use of the Service complies with applicable school policies, league rules, student-data laws, parental-consent requirements, and other laws applicable to the Customer. To the extent applicable, the Customer designates CallBreaker as a service provider acting on behalf of the Customer for the limited purpose of providing the Service.

11. Privacy and Security

CallBreaker will handle account information and Customer Data as described in these Terms and in any applicable CallBreaker Privacy Policy. If there is a conflict between these Terms and the Privacy Policy concerning contractual rights in Customer Data, these Terms control unless the Privacy Policy expressly states otherwise.

CallBreaker uses reasonable administrative, technical, and organizational measures designed to protect the Service and Customer Data. However, no online service, network, system, or storage method is perfectly secure. CallBreaker does not guarantee that unauthorized third parties will never defeat security measures.

The Customer is responsible for protecting account credentials, limiting access to Authorized Users, promptly removing users who should no longer have access, and notifying CallBreaker of suspected unauthorized access. The Customer must notify CallBreaker promptly at [security@callbreaker.app] if it believes an account has been compromised.

12. Third-Party Services and Providers

The Service may depend on third-party services, including hosting providers, payment processors, authentication providers, analytics providers, communications providers, and artificial-intelligence or data-processing providers. CallBreaker may use those providers to operate, secure, process payments for, support, and improve the Service.

CallBreaker is not responsible for delays, failures, unavailability, or errors caused by third-party services outside CallBreaker’s reasonable control. The Customer’s use of third-party services may be subject to additional terms or privacy practices of those providers.

13. CallBreaker Intellectual Property

CallBreaker and its licensors own all right, title, and interest in and to the Service, including all software, source code, object code, algorithms, models, workflows, prompts, templates, dashboards, reports, interfaces, screen layouts, graphics, designs, documentation, content, compilations, databases, trade secrets, know-how, trademarks, service marks, logos, product names, and other intellectual property.

Except for the limited access rights expressly granted in these Terms, no rights are granted to the Customer or any Authorized User. The Customer may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, scrape, extract, benchmark for competitive purposes, or create derivative works from the Service.

“CallBreaker” and any CallBreaker logos, slogans, product names, feature names, or marks are trademarks or service marks of CallBreaker. The Customer may not use CallBreaker’s trademarks without CallBreaker’s prior written consent, except to identify CallBreaker as the provider of the Service in a truthful and non-misleading manner.

14. Feedback

If the Customer or any Authorized User provides ideas, suggestions, comments, corrections, improvements, feature requests, recommendations, or other feedback concerning the Service, CallBreaker may use that feedback without restriction. The Customer and Authorized Users assign to CallBreaker all right, title, and interest they may have in any improvements, modifications, developments, or features created by or for CallBreaker based on that feedback.

CallBreaker is not required to compensate, credit, or obtain approval from the Customer or any Authorized User for using feedback. No feedback creates any ownership right, license right, royalty right, or other claim against CallBreaker.

15. Acceptable Use Policy

The Customer and all Authorized Users must comply with the CallBreaker Acceptable Use Policy, which is incorporated into these Terms. CallBreaker may update the Acceptable Use Policy from time to time by posting an updated version or notifying Customers by email, account notice, or other reasonable means.

A violation of the Acceptable Use Policy is a violation of these Terms. CallBreaker may suspend or terminate access if the Customer or an Authorized User violates the Acceptable Use Policy or uses the Service in a way that creates legal, security, operational, or reputational risk.

16. Prohibited Competitive Use

The Customer and Authorized Users may not use the Service, any Service output, any Service workflow, any Service design, any Service feature, any report, any dashboard, any API or data structure, any insight gained from access to the Service, or any other CallBreaker material to develop, train, support, improve, market, or assist a competing product or service.

The Customer may not allow any third party to access the Service for the purpose of copying functionality, evaluating the Service for competitive purposes, conducting competitive benchmarking, extracting data models, studying workflows, or building a similar or competing product. This restriction applies during and after the Subscription Term.

17. Service Changes and Availability

CallBreaker may modify, improve, update, suspend, discontinue, or replace features of the Service from time to time. CallBreaker will use commercially reasonable efforts to provide the Service, but CallBreaker does not guarantee uninterrupted availability, error-free operation, continuous access, or that all features will remain available in their current form.

The Service may be unavailable because of maintenance, updates, internet outages, third-party service failures, security events, force majeure events, or circumstances outside CallBreaker’s reasonable control. CallBreaker is not responsible for losses or damages caused by temporary unavailability of the Service.

18. Decision-Support Disclaimer

The Service provides football scouting, analytics, predictions, reports, and recommendations for decision-support purposes only. The Service does not guarantee any play prediction, opponent tendency, game outcome, coaching result, defensive call, offensive call, player performance, or competitive result.

The Customer and Authorized Users remain solely responsible for coaching decisions, game plans, sideline decisions, player decisions, and all actions taken or not taken based on the Service. CallBreaker is not responsible for wins, losses, play outcomes, coaching strategy, athlete performance, or any consequence of relying on the Service.

The Service may not be used for gambling, wagering, sportsbook, fantasy contest, recruiting, eligibility, discipline, medical, injury, academic, or non-coaching decision-making purposes.

19. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLBREAKER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, AND ERROR-FREE OPERATION.

CALLBREAKER DOES NOT WARRANT THAT THE SERVICE WILL MEET THE CUSTOMER’S REQUIREMENTS, THAT PREDICTIONS OR ANALYTICS WILL BE ACCURATE, THAT DATA WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLBREAKER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, ANY SUBSCRIPTION, ANY CUSTOMER DATA, OR ANY USE OF OR INABILITY TO USE THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER TO CALLBREAKER FOR ONE YEAR OF THE SUBSCRIPTION GIVING RISE TO THE CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLBREAKER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, SUBSTITUTE SERVICES, LOSS OF COMPETITIVE ADVANTAGE, GAME OUTCOMES, OR COACHING RESULTS, EVEN IF CALLBREAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitations in this Section apply regardless of the legal theory of liability, whether based on contract, tort, negligence, strict liability, warranty, statute, or otherwise. Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to a particular Customer to the extent prohibited by law.

21. Indemnification

To the fullest extent permitted by law, the Customer will defend, indemnify, and hold harmless CallBreaker and its owners, managers, officers, employees, contractors, agents, successors, and assigns from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to Customer Data, the Customer’s use of the Service, an Authorized User’s use of the Service, violation of these Terms, violation of the Acceptable Use Policy, infringement or misuse of third-party rights, unauthorized disclosure of account credentials, or violation of applicable law.

If the Customer is a public school, school district, governmental entity, or other entity legally prohibited from agreeing to indemnification obligations, this Section applies only to the maximum extent permitted by applicable law.

22. Suspension and Termination

CallBreaker may suspend or terminate access to the Service if the Customer or any Authorized User fails to pay amounts due, violates these Terms, violates the Acceptable Use Policy, creates a security risk, infringes CallBreaker’s rights, attempts to build or assist a competing product, misuses Customer Data, uploads prohibited information, violates applicable law, or uses the Service in a way that may harm CallBreaker, another customer, or the Service.

The Customer may stop using the Service at any time. Stopping use does not cancel automatic renewal unless the Customer cancels as described in these Terms. Termination or expiration does not relieve the Customer of payment obligations incurred before termination.

Upon expiration or termination, the Customer’s right to access and use the Service ends. CallBreaker may retain Uploaded Play Data permanently as described in these Terms. Sections concerning fees, taxes, Customer Data rights, Uploaded Play Data, aggregated reports, intellectual property, feedback, prohibited competitive use, warranty disclaimers, limitation of liability, indemnification, arbitration, class waiver, jury waiver, governing law, and other provisions that by their nature should survive will survive expiration or termination.

23. Electronic Communications and Notices

The Customer consents to receive notices, account communications, renewal reminders, billing notices, legal notices, and other communications electronically. CallBreaker may provide notices by email, account notice, posting within the Service, posting on its website, or other reasonable electronic means.

Notices to CallBreaker must be sent to:

CallBreaker, LLC 5519 Hackett St.

St. 300

Springdale, Ar 72762 Email: legal@callbreaker.app

Billing notices may be sent to billing@callbreaker.app. Security notices may be sent to security@callbreaker.app.

24. Changes to These Terms

CallBreaker may update these Terms from time to time. If CallBreaker makes material changes, CallBreaker will provide notice by email, account notice, website posting, or another reasonable method. Updated Terms will become effective on the date stated in the notice or, if no date is stated, when posted.

Continued use of the Service after updated Terms become effective constitutes acceptance of the updated Terms. If the Customer does not agree to updated Terms, the Customer must stop using the Service and cancel future renewal.

25. Governing Law

These Terms are governed by the laws of the State of Arkansas, without regard to conflict-of-law principles, except that the arbitration agreement in these Terms is governed by the Federal Arbitration Act to the fullest extent applicable.

26. Informal Dispute Resolution

Before filing arbitration or litigation, a party must first send written notice describing the dispute and allow the other party 30 days to try to resolve it informally. Notices to CallBreaker must be sent to the legal notice address stated above. Notices to the Customer may be sent to the Administrator’s email address or other contact information associated with the account.

This informal dispute process does not prevent either party from seeking temporary or preliminary injunctive relief to protect intellectual property, confidentiality, security, or unauthorized-access interests.

27. Binding Arbitration

Except for claims that may be brought in small-claims court and claims seeking injunctive or equitable relief for intellectual property misuse, confidentiality breaches, unauthorized access, reverse engineering, scraping, security violations, or prohibited competitive use, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, the subscription, billing, Customer Data, or the relationship between the parties must be resolved by binding individual arbitration.

The arbitration will take place in Arkansas. The arbitration will be administered by the American Arbitration Association under its applicable rules. If the American Arbitration Association is unavailable or unwilling to administer the arbitration, the parties will agree on another neutral arbitration provider, or a court of competent jurisdiction may appoint one.

The arbitrator will have authority to decide the dispute, including questions concerning interpretation, applicability, enforceability, and formation of this arbitration agreement, except that any question concerning the validity or enforceability of the class-action waiver must be decided by a court. The arbitrator may award only relief that would be available in court and only to the individual party seeking relief.

Judgment on the arbitration award may be entered in any court of competent jurisdiction. Unless required by law, the parties and arbitrator must keep the arbitration proceedings, submissions, and award confidential, except as necessary to enforce or challenge the award or comply with legal obligations.

If the Customer is a public school, school district, governmental entity, or other entity legally prohibited from agreeing to arbitration, this Section applies only to the maximum extent permitted by applicable law. If arbitration cannot be enforced against that Customer, disputes must be brought in the state or federal courts located in Arkansas, subject to any mandatory jurisdictional rule that cannot be waived.

28. Class Action Waiver

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR MASS ACTION.

The arbitrator may not consolidate claims of multiple customers or users and may not preside over any form of class, collective, consolidated, representative, or mass proceeding. If this class-action waiver is found unenforceable as to a particular claim, then that claim must proceed in court and not in arbitration, but only to the extent required by law.

29. Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, THE SUBSCRIPTION, BILLING, CUSTOMER DATA, OR THE RELATIONSHIP BETWEEN THE PARTIES.

This jury-trial waiver applies to claims in court to the extent any claim is not required to be arbitrated.

30. Forum Selection for Court Proceedings

For any claim, dispute, action, or proceeding that is not required to be arbitrated under these Terms, including any small-claims action, any request for injunctive or equitable relief, any action to compel arbitration, any action to enforce or challenge an arbitration award, or any claim that a court determines is not subject to arbitration, the parties agree that the exclusive forum and venue will be the state courts located in Washington County, Arkansas, or, if federal jurisdiction exists, the United States District Court for the Western District of Arkansas, Fayetteville Division.

Each party irrevocably consents to personal jurisdiction in those courts for those court proceedings. Each party waives any objection to venue, personal jurisdiction, inconvenient forum, or lack of connection to Washington County, Arkansas, except to the extent such waiver is prohibited by law. This forum-selection clause does not limit the requirement to arbitrate claims that are subject to arbitration under these Terms.

31. Injunctive Relief

The Customer acknowledges that unauthorized access, reverse engineering, scraping, misuse of the Service, disclosure of CallBreaker trade secrets, misuse of CallBreaker intellectual property, or use of the Service to build a competing product may cause irreparable harm. CallBreaker may seek temporary, preliminary, or permanent injunctive relief in the state courts located in Washington County, Arkansas, or, if federal jurisdiction exists, in the United States District Court for the Western District of Arkansas, Fayetteville Division, to prevent or stop such conduct without first completing arbitration or informal dispute resolution. The Customer agrees to submit to the jurisdiction of these courts.

32. Export, Sanctions, and Legal Compliance

The Customer and Authorized Users must comply with all applicable laws and regulations in using the Service. The Customer may not use the Service in violation of export-control, sanctions, privacy, data-protection, school, league, athletic-association, or other applicable laws or rules.

33. Assignment

The Customer may not assign or transfer these Terms, the subscription, the account, or any license without CallBreaker’s prior written consent. CallBreaker may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or transfer of the Service or its business.

34. Force Majeure

CallBreaker is not liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, cloud-service failures, third-party-provider failures, power failures, cyberattacks, governmental actions, or other events outside CallBreaker’s reasonable control.

35. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it enforceable, unless modification is not permitted by law.

36. Entire Agreement

These Terms, the Acceptable Use Policy, any applicable Privacy Policy, and any written order confirmation issued or signed by CallBreaker constitute the entire agreement between the parties concerning the Service. These Terms supersede all prior or contemporaneous understandings concerning the Service.

Any purchase order or similar document issued by the Customer is for administrative convenience only and does not modify these Terms unless CallBreaker expressly agrees in a written document signed by an authorized representative of CallBreaker.