HungryFriend’s Terms and Conditions & Privacy Policy

Effective Date: January 28, 2022

Hello and welcome to HungryFriend. We hope you enjoy using our product and service. If
you have questions or feedback about HungryFriend, please don’t hesitate to contact us
at Support@HungryFriend.com.

HungryFriend, Inc. and/or its affiliates, assigns, successors and/or agents (collectively
“HungryFriend,” “Company,” we,” “us,” and “our”) makes available its software and service
under these Terms and Conditions (“Terms” or “Agreement”) so please read them carefully
as they affect your rights. “You” and “your” refer to you, as a user of the Service or Account
holder. A “user” is someone who accesses or in any way uses the Service or creates an
Account.

BEFORE YOU PROCEED, PLEASE READ THE TEXT MESSAGING AND
NOTIFICATIONS SECTION BELOW THAT YOU CONSENT TO RECEIVE TEXT
MESSAGES, INCLUDING SMS AND MMS, NOTIFICATIONS, CALLS USING ARTIFICIAL
OR PRERECORDED VOICE MESSAGES, AND AUTOMATIC DIALING TECHNOLOGY
FOR TELEMARKETING AND ALL OTHER PURPOSES NOT PROHIBITED BY
APPLICABLE LAW.

These Terms govern your access to and use of our products and services, including those
offered through our mobile application (the “HungryFriend Mobile App”), websites,
communications (e.g., emails, phone calls, telemarketing, and texts) and other applications
or platforms (collectively, the “Service”). By accessing or using the Service, you are
agreeing to these Terms, which form a legally binding contract with HungryFriend, Inc., a
Delaware corporation with its headquarters in Carlsbad, California.

IT IS IMPORTANT YOUR REVIEW THE ARBITRATION AGREEMENT SET FORTH
BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH
HUNGRYFRIEND ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING
ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS
AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS
IMPORTANT DECISION.

By accessing or using the Services, you confirm your agreement to be bound by these
Terms. If you do not agree to these Terms, you may not access or use the Services. These
Terms expressly supersede prior agreements or arrangements with you. HungryFriend may
immediately terminate these Terms or any Services with respect to you, or generally cease
offering or deny access to the Services or any portion thereof, at any time for any reason.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND OUR PRIVACY POLICY,
PLEASE DO NOT USE HUNGRYFRIEND OR ANY SERVICE FROM HUNGRYFRIEND.

DEFINITIONS
“Content” means any text, images, photos, audio, video, and all other forms of data or
communication that transmits to, through, or in connection with the Service, such as ratings,

reviews, comments, photos, videos, compliments, texts, invitations, friending and following
activity, direct messages, and other forms of information or data that is connected with the
Service.

“Account” means any personal account you create in order to access or use the Service.
Your Account is for your personal, non-commercial use only, and you may only have one
Account. You must be at least 18 years of age, or the age of legal majority in your
jurisdiction, if different than 18, to obtain an Account, unless a specific Service permits
otherwise. You may not create or use an Account for anyone other than yourself. Account
registration requires you to submit certain personal information. You will provide complete
and accurate information about yourself when creating an Account when using the Service.
You may not impersonate someone else, provide an email address other than your own,
create multiple Accounts, or transfer your Consumer Account to another person. Your failure
to maintain accurate, complete, and up-to-date Account information, may result in your
inability to access or use the Services. You are responsible for all activity that occurs under
your Account, and you agree to maintain the security and secrecy of your Account
username and password at all times. Failure to comply with any Account rules may result in
an immediate suspension or termination of your Account. You agree to notify us
immediately of any unauthorized use of your Account. We reserve the right to close your
Account at any time for any or no reason. Unless otherwise permitted by HungryFriend in
writing, you may only possess one Account.

CHANGES TO THE TERMS
We may modify the Terms from time to time. The most current version of the Terms will be
located here. You understand and agree that your access to or use of the Service is
governed by the Terms effective at the time of your access to or use of the Service. You
should revisit these Terms on a regular basis as revised versions will be binding on you. You
understand and agree that your continued access to or use of the Service after the effective
date of changes to the Terms represents your acceptance of such changes. If you do not
agree to any modification of these Terms, your sole remedy is to discontinue your use of the
Service.

USER REQUIREMENTS
The Service is not available for use by persons under the age of 18. You may not authorize
third parties to use your Account, and you may not allow persons under the age of 18 to use
your Account or Service unless they are accompanied and supervised by you at all times
while using your Account or Service. You may not assign or otherwise transfer your Account
to any other person or entity. You may not in your access or use of the Services cause
nuisance, annoyance, inconvenience, theft, or harm, whether to the Third Party Provider or
any other party. In certain instances you may be asked to provide proof of identity or other
method of identity verification to access or use the Services, and you agree that you may be
denied access to or use of the Services if you refuse to provide proof of identity or other
method of identity verification.

USING THE SERVICE
To access or use the Service, you must have the power and authority to enter into these
Terms. You may not access or use the Service if you are a competitor of the Company, if the
Company has banned you from the Service, if the Company has closed your Account, if you

do not own a valid Account, if the Company has notified you to not use the Service, or if the
Company has notified you to not use any other product or service offered by HungryFriend.

● The Company reserves the right to modify, update, interrupt, suspend or
discontinue the Service at any time without notice or liability.
● The Company grants you permission to use the Service subject to these Terms and
your use of the Service is at your own risk, including the risk that you might be
exposed to Content that is offensive, inaccurate, objectionable, incomplete,
inappropriate, or lacks adequate warnings and risks.
The only permitted method to access or use any portion of the Service is to create and
maintain a valid Account and provide certain information about yourself. You agree to
comply with all applicable laws when accessing or using the Services, and you may only
access or use the Services for lawful purposes.

Your right to access and use the Service is personal to you and is not transferable by you to
any other person or entity. Accurate records enable HungryFriend to provide the Service to
you. In order for the Service to function effectively, you must also keep your Account up to
date and accurate. If you do not do this, the accuracy and effectiveness of the Service to
you will be affected.

Your access and use of the Service may be interrupted from time to time for any of several
reasons, including, without limitation, the malfunction of equipment, periodic updating,
maintenance or repair of the Service or other actions that HungryFriend, in its sole
discretion, may elect to take.

You agree that HungryFriend may use your feedback, suggestions, or ideas in any way,
including in future modifications of the Service, other products or services, advertising or
marketing materials. You grant HungryFriend a perpetual, worldwide, fully transferable,
sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you
provide to HungryFriend in any way.
Fidel and the HungryFriend Donation Rewards Program

We currently use Fidel and the card networks (Visa, Mastercard, and American Express) to
monitor card transactions for your participation in the HungryFriend
program. Your agreement to the various HungryFriend Terms of Service (TOS) authorize
Fidel and the card networks to monitor the transactions made with your
registered eligible payment cards at participating HungryFriend merchants to confirm
qualified transactions. The data collected from Fidel includes your
registered card identifier, merchant location, transaction date/time and amount.
By registering a payment card in connection with transaction monitoring, you authorize
HungryFriend to share your payment card information with
Visa, Mastercard and AMEX (Payment Networks) so it knows you enrolled. You authorize
Mastercard, Visa and AMEX to monitor transactions on your
registered card(s) to identify qualifying purchases in order to determine whether you have
qualified for or earned a donation reward to your payment card,
and for Visa, Mastercard and AMEX (Payment Networks) to share such transaction details
with HungryFriend and participating merchants to enable

your card-linked offer(s) and provide offers that may be of interest to you. You may opt-out
of transaction monitoring on the payment card(s) you
have registered by navigating to your settings menu to remove your linked card(s).
Not all Visa, MasterCard, and American Express cards are eligible for registration –
including PIN based purchases on debit cards (debit transactions should be
authorized via signature and not PIN in order to be monitored), purchases you initiate
through identification technology that substitutes for a PIN, payments made
through other payment methods (such as a digital wallet or a third party payment app,
where you may choose your Visa, Mastercard and AMEX card as a funding
source but you do not present your card directly to the merchant). Visa, MasterCard, and
American Express Corporate cards, Visa, MasterCard, and American
Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid
cards (including EBT cards), healthcare (including Health Savings
Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx,
and Visa-, MasterCard-, and American Express-branded cards whose
transactions are not processed through the Visa payment system, MasterCard payment
system, and/or American Express payment system are not eligible to
participate.
Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND
ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED
THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO
YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. HUNGRYFRIEND, THE PAYMENT
CARD NETWORKS, AFFILIATES, AND THIRD PARTY PROVIDERS, LICENSORS,
DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS “) MAKE NO
REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR
OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT
YOUR USE
OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER HUNGRYFRIEND, THE
PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE
ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR
OF THE
SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY
WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER
HUNGRYFRIEND, THE PAYMENT CARD NETWORKS (VIAS, MASTERCARD AND
AMERICAN EXPRESS), OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY
OR GUARANTEE THAT THE CONTENT THAT MAY BE
AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES
OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN
CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO
DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA
OR
PERSONAL INFORMATION.

INDEMNIFICATION
You shall defend, indemnify and hold harmless HungryFriend, and its officers, directors,
shareholders, employees, the Payment Card Networks, Service Provider
(Fidel) and suppliers from and against all claims, suits, proceedings, losses, liabilities, and
expenses, whether in tort, contract, or otherwise, that arise out of or relate,
including but not limited to attorney’s fees, in whole or in part arising out of or attributable to
any breach of this Agreement or any activity by you in relation to the Sites or
your use of the Services.
Plaid and the HungryFriend “PERKS” Program
We use Plaid Technologies, Inc. (“Plaid”) to gather users’ data from financial institutions. By
using the Services, you grant us and Plaid the right, power and authority to act on your
behalf to access and transmit your personal and financial information from the relevant
financial institution. You agree to your personal and financial information being transferred,
stored and processed by Plaid in accordance with the Plaid Privacy Policy.
By participating in the HungryFriend Program, you agree and authorize HungryFriend to
collect information about the stores, merchants, or retail brands that you visit that is used to
create a better user experience for you and other HungryFriend users. Examples of this
type of information include information about the retail stores you visit and other shopping
details that are used to create a better experience for you and other users. In the future we
may offer personalization options in our products that utilize knowledge about what products
you are interested in to present relevant content and product offers. As we explore ways to
use data to build more powerful product experiences that we believe will increase your
chance of time and money savings, we may provide ways to opt out of this data collection,
though it may result in degraded product capabilities if such data is required to provide the
product experience.

PAYMENT TERMS
By providing your payment account information, including third parties such as your bank,
PayPal, Inc., credit cards, or other payment options, to us, you represent, warrant, and
covenant that: (a) you are legally authorized to provide such information to us; (b) you are
legally authorized to perform payments from, and accept payments to, the payment
account; and (c) such action does not violate the terms and conditions applicable to your
use of such payment account or applicable law. When you authorize a payment in
connection with the Services, you represent, warrant, and covenant that there are sufficient
funds or credit available to complete a payment using the designated payment method.

RESTRICTIONS
You represent, warrant, and agree that you will not contribute any content or otherwise use
the Services or interact with the Services in a manner that:

● Infringes or violates the intellectual property rights or any other rights of anyone
else (including HungryFriend);
● Violates any law or regulation or this Agreement;
● Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or
otherwise objectionable;
● Jeopardizes the security of your HungryFriend Account or anyone else’s (such as
allowing someone else to log in to the Services as you);
● Attempts, in any manner, to obtain the password, account, or other security
information from any other user;
● Violates the security of any computer network, or cracks any passwords or security
encryption codes;
● Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or
any processes that run or are activated while you are not logged into the Services,
or that otherwise interfere with the proper working of the Services (including by
placing an unreasonable load on the Services’ infrastructure) or that would bypass
the navigational structure or presentation of the Service;
● “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the
Services or Content (through use of manual or automated means);
● Copies or stores any significant portion of the Content;
● Link to, mirror or frame any portion of the Services;
● Decompiles, reverse engineers, or otherwise attempts to obtain the source code or
underlying ideas or information of or relating to the Services; or
● Circumvent, removes, alters, deactivates, degrades or thwarts any technological
measure or content protections of the Service.

A violation of any of the foregoing is grounds for termination of your right to use or access
the Services.

TEXT MESSAGING AND NOTIFICATIONS
BY ACCESSING OR USING THE SERVICE, YOU CONSENT TO RECEIVE TEXT
MESSAGES, INCLUDING SMS AND MMS, NOTIFICATIONS, CALLS USING ARTIFICIAL
OR PRERECORDED VOICE MESSAGES, AND AUTOMATIC DIALING TECHNOLOGY
FOR TELEMARKETING AND ALL OTHER PURPOSES NOT PROHIBITED BY
APPLICABLE LAW FOR ANY ELECTRONIC OR PHYSICAL ADDRESSES THAT YOU
HAVE PROVIDED IN CONNECTION WITH YOUR ACCOUNT. YOU ALSO UNDERSTAND
THAT YOU MAY BE CHARGED BY YOUR PHONE CARRIER FOR CERTAIN
COMMUNICATIONS SUCH AS SMS MESSAGES, MMS MESSAGES, OR PHONE
CALLS. You certify that the mobile telephone numbers that you have provided to us is your
personal contact number from a valid U.S. carrier in good standing. Your consent, provided
by accepting these Terms and using the Service, will be effective even if the number you
have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for
telemarketing calls and texts shall remain in effect until you revoke it. You may revoke your
consent at any time. Your consent to telemarketing calls and texts may be revoked by
following any of the opt-out methods described below, or by any other method that ensures
we receive the revocation. You understand that providing such consent is not a condition of
any good or service.

You may revoke your consent to receive marketing phone calls (calls other than to verify or
service your Account or collect any amounts you may owe), by sending an email with your
mobile phone number and the subject line “Opt-Out” to support@HungryFriend.com. You
may also revoke your consent and opt out to receive marketing text messages by replying
STOP from the mobile device receiving the messages. You may continue to receive text
messages for a short period while we process Your request, and You may also receive text,
email, or other forms of messages confirming the receipt of your opt-out request.

LICENSE
Subject to your compliance with these Terms, HungryFriend grants you a limited,
non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use
the Services on your personal device solely in connection with your Account; and (ii) access
and use any Content, information and related materials that may be made available through
the Services, in each case solely for your personal, noncommercial use. Any rights not
expressly granted herein are reserved by HungryFriend and HungryFriend’s licensors.

THIRD PARTY INFORMATION AND SERVICES
While accessing or using the Service, you may direct HungryFriend to interact with existing
accounts you own and that are maintained online by third party companies with which you
have accounts (“Third Party Accounts”) such as Facebook or other accounts you own
online. HungryFriend makes no effort to review the Third Party Accounts for accuracy,
legality or non-infringement. HungryFriend is not responsible for the products and services
offered by or on third party sites. If your permission settings allow it, HungryFriend may
import information from your Third Party Accounts to help better offer the Services to you.
HungryFriend does not control the policies and practices of any third party site or service,
including any Third Party Accounts you connect to the Services.

HungryFriend cannot always foresee or anticipate technical or other difficulties which may
result in failure to obtain data or loss of data, personalization settings or other service
interruptions. HungryFriend cannot assume responsibility for the accuracy, deletion,
timeliness, non-delivery or failure to store any user data, communications or personalization
settings.

The Services may be made available or accessed in connection with third party services
and content, including advertising and promotions, that HungryFriend does not control. You
acknowledge that different terms of use and privacy policies may apply to your use of such
third party services and content. HungryFriend does not endorse such third party services
and content and in no event shall HungryFriend be responsible or liable for any products or
services of such third party providers.

APPLE APP STORE AND GOOGLE PLAY STORE
The following Terms apply to you if you are using the HungryFriend Mobile App from the
Apple App Store or Google Play Store. To the extent the other Terms of the rest of this
Agreement conflict with the Terms of this paragraph, the Terms in this paragraph apply, but
solely with respect to your use of the HungryFriend Mobile App from the Apple App Store or
Google Play Store:

● You acknowledge and agree that this Agreement is solely between you and
HungryFriend, not Apple or Google, and that Apple and Google have no

responsibility for the HungryFriend Mobile App or content thereof. You acknowledge
that Apple and Google have no obligation whatsoever to furnish any maintenance
and support services with respect to the HungryFriend Mobile App.
● Your use of the HungryFriend Mobile App must comply with the applicable Apple
App Store or Google Play Store Terms of Use.
● To the maximum extent permitted by applicable law, Apple or Google will have no
other warranty obligation whatsoever with respect to the HungryFriend Mobile App,
and any other claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty will be solely governed by this Agreement.
● You and HungryFriend acknowledge that Apple and Google are not responsible for
addressing any claims of yours or any third party relating to the HungryFriend
Mobile App or your possession and/or use of the HungryFriend Mobile App,
including, but not limited to: (a) product liability claims, (b) any claim that the
HungryFriend Mobile App fails to conform to any applicable legal or regulatory
requirement, and (c) claims arising under consumer protection or similar legislation.
● You and HungryFriend acknowledge that, in the event of any third party claim that
the HungryFriend Mobile App or your possession and use of the HungryFriend
Mobile App infringes that third party’s intellectual property rights, HungryFriend, not
Apple or Google, will be solely responsible for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim to the extent
required by this Agreement.
● You must comply with applicable third party terms of agreement when using the
HungryFriend Mobile App.
● You and HungryFriend acknowledge and agree that Apple and Google, and their
subsidiaries, as applicable, are third party beneficiaries of this Agreement as its
relates to your license and use of the HungryFriend Mobile App, and that, upon
your acceptance of this Agreement, Apple or Google (as applicable) will have the
right (and will be deemed to have accepted the right) to enforce this Agreement
against you as a third party beneficiary thereof.

OWNERSHIP
The Services and all rights therein are and shall remain the property of HungryFriend or the
property of HungryFriend’s licensors. Neither these Terms nor your use of the Services
convey in any way or grant to you any rights: (i) related to the Services except for the limited
license granted above; or (ii) to use or reference in any manner HungryFriend’s company
names, logos, product and service names, trademarks or service marks or those of
HungryFriend’s licensors.

USER CONTENT RULES
As part of the Service, HungryFriend, in HungryFriend’s sole discretion, allow you to from
time to time to post content on various publicly available locations in the Service (“User
Content”). By posting User Content, you agree to the following rules:
● You are responsible for all User Content you submit to the Service.
● By submitting User Content to us, you represent that you have all necessary rights
and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, modify, display, and perform all or any portion of the
User Content in connection with the Service and our business, including without
limitation for promoting and redistributing part or all of the site (and derivative works

thereof) in any media formats and through any media channels. You also hereby
grant each user a non-exclusive license to access and use your User Content
through the Service, and to use, reproduce, distribute, prepare derivative works of,
display and perform such User Content as permitted through the functionality of the
Service and under this Agreement.
● You may not post or transmit any message, data, image or program that would
violate the property rights of others, including unauthorized copyrighted text,
images or programs, trade secrets or other confidential proprietary information, and
trademarks or service marks used in an infringing fashion.
● You may not interfere with other users using the Service, including, without
limitation, disrupting the normal flow of dialogue in an interactive area of the
Service, deleting or revising any content posted by another person or entity, or
taking any action that imposes a disproportionate burden on the Service
infrastructure or that negatively affects the availability of the Service to others.
● You acknowledge and agree that your communications with other users via any
channel of communication via the Services may be public and that you have no
expectation of privacy concerning your access to and use of the Services. You are
solely responsible for your communications through the Services and your
interactions with other users of the Services.

PROMOTIONS
Unless otherwise noted, all HungryFriend promotions are limited to one per user, per device
during the promotional period while supplies last. In order to qualify for a promotion, users
must have an active, verified Account. Promotional Cards may not be eligible to be regifted
or exchanged for other brands. Promotional Cards may have an expiration date. Subject to
promotion details, discounted gifts may not be eligible to be regifted or exchanged for other
brands.

HungryFriend maintains a zero-tolerance policy for users who abuse promotions through
falsified or misrepresented Account or personal information or other means. All instances of
abuse will result in a complete revocation of any and potentially all Promotional Cards and
permanent ban from the Service. HungryFriend reserves the right to deny promo code
redemptions and enforce permanent Service and Account bans at its discretion. Such
reasons include but are not limited to:
● The creation of fraudulent or duplicate Accounts or user profiles using the Service
● Suspected promo code abuse or any attempt to “game the system”
● Identity mismatch from Payment Methods, public records, etc.
● The unauthorized distribution of promo codes to new or existing users
Promotions may require additional actions in or outside of the Service such as completion of
your Account profile, social media participation, etc. It is your responsibility to read all Terms
outlined in this Agreement and the applicable marketing campaign information associated to
the promotion. If you do not understand the Terms, it is your responsibility to
contact support@HungryFriend.com to seek clarification before you participate in the
promotion.


SWEEPSTAKES, CONTESTS, ETC.

All HungryFriend-sponsored sweepstakes and contests are subject to HungryFriend
Promotions – General Terms and Conditions. No purchase necessary. To enter to win, send
a letter or postcard referencing the promotional dates and prize(s) referenced in the
applicable marketing campaign to HungryFriend, Inc. 7040 Avenida Encinas Suite 104-17,
Carlsbad, CA 92011.

REFERRAL AND OTHER REWARDS PROGRAMS
Periodically HungryFriend may make you offers to receive rewards for taking actions to
promote the Service. In general, if you participate within the spirit of the program you will be
rewarded. However, to protect HungryFriend from seen and unforeseen issues we reserve
the right, in our sole discretion, to withhold such consideration for any reason at any time
with or without any cause. By participating in any HungryFriend rewards program, you
accept this condition. Additionally, we may choose at our sole discretion to institute a limit
on how many times you can receive each type of reward. These limits will vary from
program to program. If you have questions about how many times you can participate in
each reward program, please contact us.

In association with reward programs you may be issued Personalized Links or messages
that can issue you rewards. You agree not to promote these Personalized Links or
messages through any unapproved channels which include but are not limited to:
unsolicited email (SPAM), search advertising, display advertising, or any paid promotional
channel. If you have questions about a specific promotional method, please contact us for
permission BEFORE you begin promoting your Personalized Link. Failure to do so will
result in all rewards being withheld and your account potentially being suspended.

HungryFriend reserves the right at any time to cancel, modify, or restrict any aspect of any
HungryFriend reward program, campaign, or promotion, including any point conversion
ratios, redemption offers, expiration terms, etc., and HungryFriend reserves the right to
apply such changes retroactively to rewards already accrued under any HungryFriend
reward program.

OUR COMMITMENT TO ACCESSIBILITY
HungryFriend is committed to making our website’s content accessible and user friendly to
everyone. If you are having difficulty viewing or navigating the content on this website, or
notice any content, feature, or functionality that you believe is not fully accessible to people
with disabilities, please call our Customer Service team at 866.866.1492 or email our team
at support@HungryFriend.com with “Disabled Access” in the subject line and provide a
description of the specific feature you feel is not fully accessible or a suggestion for
improvement. We take your feedback seriously and will consider it as we evaluate ways to
accommodate all of our customers and our overall accessibility policies. Additionally, while
we do not control such vendors, we strongly encourage vendors of third-party digital content
to provide content that is accessible and user friendly.
INFORMAL DISPUTE RESOLUTION
We would like an opportunity to address your concerns without a formal legal case. Before
filing a claim against Company, you agree to try to resolve the dispute informally by sending
an email with your mobile phone number and the subject line “HungryFriend Dispute”
to support@HungryFriend.com. We will try to resolve the dispute informally by contacting
you in writing via email. If a dispute is not resolved within 30 days of submission to the

Company, then you or Company may bring a formal proceeding. All offers, promises,
conduct and statements, whether oral or written, made in the course of the negotiation by
any of the parties, their agents, employees, and attorneys are confidential, privileged and
inadmissible for any purpose, including as evidence of liability or for impeachment, in
arbitration or other proceeding involving the parties, provided that evidence that is otherwise
admissible or discoverable shall not be rendered inadmissible or non-discoverable as a
result of its use in the negotiation.

ARBITRATION AGREEMENT
BY ACCEPTING THESE TERMS, ANY CLAIM, CAUSE OF ACTION, REQUEST FOR
RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND HungryFriend
(“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AS SET
FORTH IN THIS ARBITRATION AGREEMENT. YOU AND HungryFriend AGREE THAT
EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR
RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS
BOTH YOU AND HungryFriend AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY
BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF
A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND HungryFriend EXPRESSLY
WAIVE THE RIGHT TO TRIAL BY A JURY.

AGREEMENT TO BINDING ARBITRATION
You and HungryFriend agree that any dispute, claim or controversy arising out of or relating
to (a) these Terms or the existence, breach, termination, enforcement, interpretation or
validity thereof, or (b) your access to or use of the Services at any time, whether before or
after the date you agreed to the Terms, will be settled by binding arbitration between you
and HungryFriend, and not in a court of law. You acknowledge and agree that you and
HungryFriend are each waiving the right to a trial by jury or to participate as a plaintiff or
class member in any purported class action or representative proceeding. Unless both you
and HungryFriend otherwise agree in writing, any arbitration will be conducted only on an
individual basis and not in a class, collective, consolidated, or representative proceeding.

EXCEPTIONS TO ARBITRATION
The following type of Claims shall not require arbitration: (a) Claims brought by you or
HungryFriend that could be brought in small claims court, if permitted by the rules of that
court, or (b) Claims related to intellectual property, copyrights, trademarks, trade secrets, or
patents. Any issues relating to the scope and enforceability of the arbitration provision will
be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this
provision, then only that Claim may be brought in court and all other Claims remain subject
to arbitration.

Claims that cannot be arbitrated must be brought in court. California law will govern these
Terms (to the extent not preempted or inconsistent with federal law), as well as any such
Claim that cannot be arbitrated, without regard to conflict of law provisions. You or
HungryFriend may seek relief in any small claims court of competent jurisdiction. All other
Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the
exclusive venue of, the state and federal courts located within San Diego County, California

and you consent to the personal jurisdiction of these courts for the purpose of litigating any
such Claim.

RULES AND GOVERNING LAW
Arbitration shall be administered by the American Arbitration Association (“AAA”) in
accordance with its Consumer Arbitration Rules then in effect. For more information,
visit www.adr.org. Arbitration may be conducted in person, through the submission of
documents, by phone or online. The arbitrator may award damages to you individually as a
court could, including declaratory or injunctive relief, but only to the extent required to satisfy
your individual claim.

You and HungryFriend agree that the arbitrator (“Arbitrator”), and not any federal, state, or
local court or agency, shall have exclusive authority to resolve any disputes relating to the
interpretation, applicability, enforceability or formation of this Arbitration Agreement,
including any claim that all or any part of this Arbitration Agreement is void or voidable. The
Arbitrator shall also be responsible for determining all threshold arbitrability issues, including
issues relating to whether the Terms are unconscionable or illusory and any defense to
arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and
acknowledge that this Arbitration Agreement will be subject to and governed by the Federal
Arbitration Act (“FAA”). You and HungryFriend agree that the FAA and AAA Rules shall
preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are
found to not apply to any issue that arises under this Arbitration Agreement or the
enforcement thereof, then that issue shall be resolved under the laws of the state of
California.

PROCESS
A party who intends to seek arbitration must first send a written notice of the dispute to the
other party as specified by the AAA Rules. A Demand for Arbitration form can be found at
Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.

LOCATION AND PROCEDURE
Unless you and HungryFriend otherwise agree, the arbitration will be conducted in the
county where you reside. If your claim does not exceed $10,000, then the arbitration will be
conducted solely on the basis of documents you and HungryFriend submit to the Arbitrator,
unless you request a hearing or the Arbitrator determines that a hearing is necessary. If
your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.
Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable
exchange of information by the parties.

ARBITRATOR’S DECISION
The Arbitrator will render an award within the time frame specified in the AAA Rules.
Judgment on the arbitration award may be entered in any court having competent
jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of
the claimant and only to the extent necessary to provide relief warranted by the claimant’s
individual claim. An Arbitrator’s decision shall be final and binding on all parties. An
Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel
effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and

expenses, to the extent provided under applicable law. HungryFriend will not seek, and
hereby waives all rights HungryFriend may have under applicable law to recover attorneys’
fees and expenses if HungryFriend prevails in arbitration.

FEES
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as
set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000,
HungryFriend will pay all such fees, unless the Arbitrator finds that either the substance of
your claim or the relief sought in your Demand for Arbitration was frivolous or was brought
for an improper purpose. Each party agrees that any written decision and information
exchanged during arbitration will be kept confidential except to the extent necessary to
enforce or permit limited judicial review of the award.

SEVERABILITY AND SURVIVAL
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any
reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; and
(2) severance of the unenforceable or unlawful provision shall have no impact whatsoever
on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of
any remaining claims on an individual basis pursuant to the Arbitration Agreement.

CHANGES TO THE ARBITRATION AGREEMENT
Notwithstanding the provisions above, regarding consent to be bound by amendments to
these Terms, if HungryFriend changes this Arbitration Agreement after the date you first
agreed to the Terms or to any subsequent changes to the Terms, you may reject any such
change by providing HungryFriend written notice of such rejection within 30 days of the date
such change became effective, as indicated in the “Effective” date above. This written notice
must be provided either (a) by U.S. mail, or (b) by email from the email address associated
with your Account to: support@HungryFriend.com. In order to be effective, the notice must
include your full name and clearly indicate your intent to reject changes to this Arbitration
Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute
between you and HungryFriend in accordance with the provisions of this Arbitration
Agreement as of the date you first agreed to the Terms or to any subsequent changes to the
Terms.

CALIFORNIA CONSUMER RIGHTS NOTICE
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California
users of the Service receive the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, CA 95834, or by telephone at (800) 952- 5210.

COPYRIGHT
HungryFriend takes copyright infringement seriously and will respond to notices of alleged
copyright infringement from the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on
the Service in a way that constitutes copyright infringement, please provide our Copyright
Agent with the following information: (1) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (2) a description of the
copyrighted work that you claim has been infringed; (3) a description of the location on the

Service of the material that you claim is infringing; (4) your address, telephone number and
e-mail address; (5) a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent or the law; and (6) a
statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright
owner’s behalf. Contact information for HungryFriend’s Copyright Agent for notice of claims
of copyright infringement is as follows: legal@HungryFriend.com.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND
PRODUCTS AND PROMOTIONS ASSOCIATED WITH THE SERVICE ARE PROVIDED
TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. HungryFriend DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT
EXPRESSLY SET OUT IN THESE TERMS. HungryFriend MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,
REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SERVICE,
AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE. FURTHER, COMPANY DOES NOT
WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE
QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR
SERVICES OFFERED OR PROVIDED BY ITS THIRD PARTY AFFILIATES, MERCHANTS,
OR OTHER PARTIES IN CONJUNCTION WITH THE SERVICE. COMPANY DOES NOT
WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES,
AND ANY THIRD PARTY SERVICE OR GOOD IN CONNECTION THEREWITH, REMAINS
SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK.

NOTIFICATION DISCLAIMER
You understand and agree that any notifications provided to you through the Service may
be delayed or prevented by a variety of factors. HungryFriend does its best to provide
notifications in a timely manner with accurate information. However, we neither guarantee
the delivery nor the accuracy of the content of any notification. You also agree that
HungryFriend shall not be liable for any delays, failure to deliver, or misdirected delivery of
any notification; for any errors in the content of an notification; or for any actions taken or
not taken by you or any third party in reliance on a notification.

LIMITATION OF LIABILITY
NEITHER HUNGRYFRIEND, THE PAYMENT CARD NETWORKS (VISA, MASTERCARD,
AND AMERICAN EXPRESS), OR SUPPLIERS SHALL IN NO EVENT BE RESPONSIBLE
OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR
BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE,
YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR

DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR
THROUGH THE SERVICE, EVEN IF HungryFriend HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS AGREEMENT, HungryFriend’S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES OR JURISDICTIONS, THE LIABILITY OF HungryFriend SHALL BE
LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE
FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT
BE WAIVED OR LIMITED BY CONTRACT.


TERMINATION
You may terminate the Terms at any time by closing your Account, discontinuing any access
to or use of the Service, and providing HungryFriend with a notice of termination
to support@HungryFriend.com. We may, in our sole discretion, suspend, limit, or terminate
your Account and your access to and use of the Services, including any and all reward
balances in your Account, at any time for any reason, without notice or liability to you,
including, but not limited to, if we suspect that your access to or use of the Services violates
these Terms or applicable law. Upon the termination of your Account, you must cease all
use of the Services, and you shall forfeit any reward balance remaining in your Account.
Termination of your Account and your access to and use of the Services will not affect any
of our rights or your obligations arising under these Terms prior to such termination. In the
event you or HungryFriend terminates your Account, you agree that we may retain your
data, including personal and transaction information, for one year from the date of
termination for audit and merchant invoicing purposes. Provisions of these Terms that, by
their nature, should survive termination of your Account and your access to and use of the
Services will survive such termination.

CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of
California, U.S.A., without giving effect to any conflict of law principles, except as may be
otherwise provided in the Arbitration Agreement above or in supplemental terms applicable
to your region. However, the choice of law provision regarding the interpretation of these
Terms is not intended to create any other substantive right to non-Californians to assert
claims under California law whether that be by statute, common law, or otherwise. These
provisions, and except as otherwise provided in the Arbitration Agreement of these Terms,
are only intended to specify the use of California law to interpret these Terms and the forum
for disputes asserting a breach of these Terms, and these provisions shall not be interpreted
as generally extending California law to you if you do not otherwise reside in California. The
foregoing choice of law and forum selection provisions do not apply to the Arbitration
Agreement or to any arbitrable disputes as defined therein. Instead, as described in the
Arbitration Agreement, the Federal Arbitration Act shall apply to any such disputes.

NOTICES

HungryFriend will send all notices and other communications regarding the Services to you
at the email address or physical address you provided for your Account, as may be updated
by you from time to time. You will be considered to have received a notice from us regarding
the Services when we send it to the email address or physical address we have in our
records for you or when we post such notice on the HungryFriend website or in the
HungryFriend Mobile App.

Except as otherwise provided in these Terms, all notices to us that are intended to have a
legal effect must be delivered via email to legal@HungryFriend.com. All such notices are
deemed effective upon documented receipt by us.

GENERAL PROVISIONS
● We reserve the right to modify, update, or discontinue the Service at our sole
discretion, at any time, for any or no reason, and without notice or liability.
● Except as otherwise stated in Third Party Information and Services above, nothing
herein is intended, nor will be deemed, to confer rights or remedies upon any third
party.
● The Terms contain the entire agreement between you and us regarding the use of
the Service, and supersede any prior agreement between you and us on such
subject matter. The parties acknowledge that no reliance is placed on any
representation made but not expressly contained in these Terms.
● Any failure on HungryFriend’s part to exercise or enforce any right or provision of
the Terms does not constitute a waiver of such right or provision. The failure of
either party to exercise in any respect any right provided for herein shall not be
deemed a waiver of any further rights hereunder. The Terms may not be waived,
except pursuant to a writing executed by HungryFriend.
● If any provision of the Terms is found to be unenforceable or invalid by an arbitrator
or court of competent jurisdiction, then only that provision shall be modified to
reflect the parties’ intention or eliminated to the minimum extent necessary so that
the Terms shall otherwise remain in full force and effect and enforceable.
● The Terms, and any rights or obligations hereunder, are not assignable,
transferable or sublicensable by you except with HungryFriend’s prior written
consent, but may be assigned or transferred by us without restriction. Any
attempted assignment by you shall violate these Terms and be void.
● You agree that no joint venture, partnership, employment, agency, special or
fiduciary relationship exists between you and HungryFriend as a result of these
Terms, creation of an Account, or your use of the Service.
● The section titles in the Terms are for convenience only and have no legal or
contractual effect.

CONTACT INFORMATION
If you have questions or comments about this Agreement, you may email us
at support@HungryFriend.com or by post to:
HungryFriend, Inc.
7040 Avenida Encinas Suite 104-17
Carlsbad, CA 92011
United States