App End-User Terms

To place orders, earn loyalty points, or save your preferences, you may need to create an account. You agree to:

• Provide accurate, current, and complete information when creating your account.
• Keep your password confidential and not share it with others.
• Notify the Restaurant or Branded Bites immediately if you suspect unauthorized access to your account.
• Be responsible for all activity that occurs under your account.

You must be at least 13 years of age to create an account. If you are under 18, you may only use the app with the involvement and consent of your parent or legal guardian.

When you place an order through a Branded Bites-powered app or website, your order is placed directly with the Restaurant. The Restaurant accepts, prepares, and fulfills your order. Branded Bites provides the ordering technology.

• Order accuracy: You are responsible for reviewing your order before submitting it. The Restaurant will prepare the items you select.
• Allergens and dietary information: Menu descriptions are provided by the Restaurant. Always inform the Restaurant directly of any serious food allergies or dietary restrictions. Branded Bites is not responsible for allergen information accuracy.
• Pickup times: Estimated pickup or delivery times are estimates only and may vary based on kitchen volume, weather, and other factors.
• Delivery: Where delivery is available, it may be fulfilled by the Restaurant directly, or through a third-party delivery partner (such as Uber Direct or DoorDash Drive) selected by the Restaurant. Delivery fees and availability vary by location.
• Refunds and cancellations: Refund and cancellation policies are set by the Restaurant. Contact the Restaurant directly for refund requests. Branded Bites may facilitate refunds on the Restaurant's behalf but is not the merchant of record.

If the Restaurant offers a loyalty program powered by Branded Bites, you may earn and redeem points, rewards, and offers in accordance with the Restaurant's loyalty program terms. Key points:

• Points and rewards have no cash value and cannot be exchanged for cash.
• Loyalty points and rewards are non-transferable.
• Points may expire if your account is inactive for an extended period, as specified in the Restaurant's loyalty program terms.
• The Restaurant may change, suspend, or terminate its loyalty program at any time with notice to enrolled members.
• Fraudulent activity, including creating fake accounts to earn points or abusing referral programs, may result in forfeiture of points and account termination.

Payment for orders is processed through our third-party payment processor. By entering your payment information, you authorize us to charge the amount of your order, including any applicable delivery fees, taxes, and gratuity. Your payment information is transmitted securely and is not stored by Branded Bites.

If your payment is declined, we will notify you and your order will not be placed until payment is successfully processed.

You agree not to:

• Use the app for any unlawful purpose.
• Place fraudulent orders or use fraudulent payment methods.
• Create multiple accounts to exploit promotions or loyalty programs.
• Interfere with or disrupt the operation of the app or Branded Bites infrastructure.
• Attempt to reverse engineer, decompile, or disassemble the app.
• Use automated tools, bots, or scripts to interact with the app.
• Resell goods ordered through the app for commercial purposes.

Your personal information is processed in accordance with our Privacy Policy. In summary, when you use a restaurant's app powered by Branded Bites, the restaurant is the controller of your order and account data. Branded Bites processes it as a service provider on the restaurant's behalf. We do not sell your personal information.

For SMS marketing messages from the restaurant, see our SMS and Messaging Terms.

THE APP AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDED BITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Branded Bites is not responsible for the quality, safety, or suitability of food and beverages provided by the Restaurant. Any warranty regarding the goods you receive is the responsibility of the Restaurant.

In the event of any failure of the app to conform to any applicable warranty, you may notify Apple or Google (as applicable to the app store through which you downloaded the app), and the applicable store will refund the purchase price for the app (if any) under its terms. To the maximum extent permitted by applicable law, Apple and Google have no other warranty obligation with respect to the app.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDED BITES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE APP WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE APP (WHICH IS TYPICALLY ZERO), OR (B) TWENTY-FIVE DOLLARS ($25).

BRANDED BITES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BRANDED BITES, NOT APPLE OR GOOGLE, IS RESPONSIBLE FOR ADDRESSING CLAIMS YOU HAVE RELATED TO THE APP, INCLUDING PRODUCT LIABILITY CLAIMS, CONSUMER PROTECTION CLAIMS, AND INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

Disputes related to your use of the app or any order placed through it are governed by our Terms of Service, including the binding individual arbitration and class action waiver provisions in Section 14 of those Terms, with Illinois law applying. See our Terms of Service for full details.

For disputes about your order (food quality, refunds, delivery issues), contact the Restaurant directly. For disputes about the app platform or your account, contact Branded Bites at support@brandedbites.app.

For questions about these App Terms, contact Branded Bites LLC at support@brandedbites.app or at 444 W Lake St, Chicago, IL 60606.