Store Terms & Conditions Effective 11 March 2025 Thank you for joining Rescue Eats, LLC in our mission to reduce food waste! Joining the Rescue Eats Team 1.1 We envision a world where no food goes to waste. Our platform empowers businesses and consumers to work together in reducing food waste by rescuing meals that would have been discarded. By using our platform, you’re helping to ensure that all food produced is enjoyed rather than wasted. 1.2 To help achieve this goal, we keep things simple by offering an easy-to-use solution that enables consumers to rescue meals from local food service businesses. Through our platform, consumers enjoy great food at discounted prices, while businesses reduce waste and gain visibility among new and existing customers. 1.3 Our platform serves as an online marketplace connecting consumers with businesses that have surplus food to offer. These businesses—such as supermarkets, bakeries, restaurants, manufacturers, and more—are collectively referred to as “Stores.” Stores list surplus food in the form of bags, known as “Rescue Meals,” which consumers can order through the platform. “Consumers” are those who use the platform to order and purchase surplus food from Stores. 1.4 These Store Terms (“Store Terms”) constitute a legally binding agreement between you and Rescue Eats, governing your use of Rescue Eat’s websites and applications (collectively referred to as the “Platform”). In these Store Terms, “you” or “your” refers to the entity or business you represent, while “Rescue Eats,” “we,” “us,” or “our” refers to the Rescue Eats entity listed in Schedule 1 with whom you are entering into this agreement. What’s Covered in These Terms 2.1 These Store Terms outline how Rescue Eats operates and the legal framework governing our relationship with you. They help define the terms of our interaction as you engage with us and use our Platform. For instance, these terms cover: What you can expect from us and our Platform. What we expect from you, including the rules for using our Platform. How interactions with Consumers work, outlining the basics of your engagement with them. Your rights and responsibilities in case of disagreements with Rescue Eats, and what happens if a dispute cannot be easily resolved. 2.2 It’s important to understand these Store Terms, as using the Platform signifies your agreement to them. 2.3 We have additional terms and policies that complement these Store Terms, including our Privacy Policy, which explains how we collect and use personal data. We recommend reviewing it to understand how you can manage and delete your information. Using Rescue Eats 3.1 When Consumers order a Rescue Meal through the Platform, they make a payment to us and receive an order identification number, referred to in these Store Terms as a “Pick-up Code.” This code can be redeemed at your Store for a Rescue Meal. The sale occurs when a Consumer arrives at your Store and exchanges their Rescue Eats Pick-up Code for a Rescue Meal. 3.2 Store Account. Your Rescue Eats store account is where you manage your relationship with us and use the Platform to offer Rescue Meals for Consumer orders (referred to as "Listings" below). To access these services, you must register and create an account by providing all necessary information during sign-up or as requested later (your “Store Account”). It is your responsibility to keep this information complete, accurate, and up to date. Failure to do so may affect our ability to provide services to you—for example, we cannot process payments without accurate banking details. 3.3 Listing. Offer Rescue Meals for purchase by Consumers on the Platform (each referred to as a “Listing”). 3.4 Orders. Once you list a Rescue Meal on the Platform, a Consumer can Order it (an “Order”). An Order does constitute a purchase. 3.5 Pick-up. You issue a pre-purchased Rescue Meal to a Consumer when they arrive at your designated location to collect their ordered meal. The Order is confirmed through the Platform, completing the transaction when the Consumer takes the Rescue Meal with them (“Pick-up”). This transaction is solely between you and the Consumer. In your Store Account, you specify the location where Consumers can pick up their Orders. 3.6 Pick-up time. In your Store Account, you specify the time when the Consumer can pick up their Order. Cancellations. 3.7 Platform - You and the Consumers can cancel an Order within the Platform. However, please be mindful that many Consumers plan their day around your pick-up window, so we ask that you avoid canceling an Order less than 2 hours before the scheduled pick-up time. We understand that cancellations can occur in exceptional circumstances, but they should not happen frequently or disproportionately to the number of pick-ups you handle. If you find yourself needing to cancel Orders within 2 hours of the pick-up time regularly, consider reducing your scheduled Listings in your Store Account. If your cancellations within 2 hours become excessive or habitual and remain unresolved, your ability to list Rescue Meals in your Store Account may be limited or suspended. Additionally, a Consumer may cancel their Order if you change the pick-up time or delay the Rescue Meal delivery by more than 30 minutes when they arrive to collect their Order. 3.8 In Store - Additionally, Consumers have the right to cancel their Order at any time before or during Pick-up (i.e., until the Pick-up is complete) for any reason. This free cancellation option is a regulatory requirement, as the Consumer did not have detailed information about the contents of the Rescue Meal when making the Order. 3.9 We may remove or cancel Listings and Orders at our discretion if necessary, such as in the case of a recall, dispute, or any other situation where we determine that such action is required. Your Key Responsibilities 4.1 While we can’t cover everything here, we’ve highlighted a few key areas that are important to your relationship with Rescue Eats. 4.2 Confirm your authorization by your Store. It’s crucial for us to ensure that the Stores using our Platform are doing so through their authorized representatives. By accepting these Store Terms on behalf of the Store, you confirm that you have the authority to do so. 4.3 Authorize Rescue Eats to receive Consumer payments. You grant us the authority to collect payments from Consumers on your behalf, fulfilling the Consumer’s payment obligation for the Rescue Meals they Order and purchase from you. 4.4 Comply with rules applicable to you. You, not Rescue Eats, are responsible for understanding and complying with all applicable laws, regulations, and guidelines related to providing food and beverages to Consumers through the Platform. This includes adhering to requirements for food preparation, handling, labeling, and ensuring you have the necessary authorization to distribute food and beverages. Additionally, you must follow these specific Platform rules: Only list surplus food on the Platform and do not use it to sell anything else unless explicitly agreed upon with us. Ensure that the original retail value of each Rescue Meal meets or exceeds the minimum value specified for that meal. If requested by us or a Consumer, provide all legally required information about the contents of each Rescue Meal, including but not limited to ingredient lists, allergens, and other labeling details. At the time of Pick-up, ensure that all legally required information about the Rescue Meal’s contents is available, along with storage instructions and the consumption timeline for the items inside. 4.5 Food quality and control You agree to follow our recall process as outlined on the Platform or as otherwise instructed by us. Additionally, you must immediately remove your Listings and notify us in the following situations: You recall or are required to recall any food provided to Consumers through the Platform. You become aware of any issues or risks related to the food you have provided via the Platform. You discover that you are not in compliance with laws, regulations, or rules related to food safety or product liability. You lack or lose any required license necessary to legally provide food to Consumers in your geographic area. 4.6 If any of these situations arise, Rescue Eats may cancel all relevant pending Orders, notify affected Consumers, and issue refunds for the associated Orders and Pick-ups. Rescue Eat’s Role 5.1 As the provider of the Platform, Rescue Eats does not own, control, offer, or manage any Listings of Rescue Meals that you make available. We act solely as an intermediary and are not a party to the sale of the food you provide to Consumers. Additionally, Rescue Eats is not responsible for: The food or any other items you provide to Consumers, including the contents of Rescue Meals. The manufacturing, sale, purchase, storage, preparation, production, processing, labeling, delivery, or handling of Rescue Meal contents, or compliance with applicable food regulations and legislation. Meeting your obligations to Consumers. Customer Complaints 5.2 We will manage Consumer complaints related to the use of the Platform, including issues regarding Pick-up experiences or the Rescue Meals you provide, following our internal processes. While we strive to resolve each complaint effectively, we may require information from you, which you agree to provide promptly. We will involve you when appropriate and may also direct Consumers to contact you directly, particularly for complaints solely concerning the quality or contents of a Rescue Meal. 5.3 If you receive a Consumer complaint related to their experience with Rescue Eats, you agree to direct them to us for resolution or forward the complaint to us if received in writing. Payment & Fees 6.1 We charge a fee for each confirmed Rescue Meal Order at your Store (the "Order Fee" or “Rescue Eats Fees”). 6.2 The applicable Order Fee is specified in your Store Account. 6.3 We collect the full payment from the Consumer for each Rescue Meal you sell at the time of purchase. The Order Fee is then deducted from your payout. Unless otherwise agreed, the Order Fee is $2 of the price of each Rescue Meal, with a minimum fee applicable in each case. This fee is exclusive of VAT, sales tax, or any similar tax, which will be added where applicable. When you receive payments from us, you’ll see that any applicable taxes have been included in our Order Fee. 6.4 Documentation. Unless you have chosen to issue invoices to Consumers for Rescue Meals yourself, we will provide Consumers with a receipt after each Pick-up is confirmed or if the Order is not canceled per our cancellation policy. Additionally, we will issue an invoice upon every receipt summarizing the Rescue Eats Fees applicable to your activity on our Platform. 6.5 Payments. We reconcile payments received for the Rescue Meals you sell with the Rescue Eats Fees you owe every 24-48 hours on weekdays and 48-72 hours on weekends and holidays (the “Reconciliation Period”), starting from your first transaction. Your reconciliation and payment schedule may vary based on specific rules applicable to your Store’s geographic region or multi-merchant group. If different terms apply, you can find the details in your Store Account on Rescue Eats or in a separate agreement with us. In certain cases, we may withhold payments beyond the standard Reconciliation Period, in which case we will notify you and provide details regarding the reason for the delay. 6.6 Refunds. At our discretion, we may issue refunds to Consumers to resolve issues such as complaints or recalls. In such cases, we may refund some or all of the amounts collected for an Order or Pick-up. When this happens, no payment is required between you and Rescue Eats. 6.7 Taxes / VAT. You are responsible for paying any applicable taxes, including sales tax, VAT, or similar, on the amounts we pay to you. Depending on the tax laws in your jurisdiction, we may be required to withhold and remit certain taxes to the relevant authorities. To ensure accurate identification, you must inform us if you are registered for VAT or a similar tax, or as soon as you obtain such registration. In these cases, you must also provide us with your VAT number or any other applicable tax identification number. Security 7.1 You are responsible for fully managing who administers and has access to your Store Account, as well as how it is used. For example, you control access to your Store Account, determine who is allowed to use it ("authorized users"), and decide the level of access each authorized user has. You can modify or revoke access at any time. 7.2 Please note that: You are responsible for the activity of all your authorized users and their use of our Platform. You agree to keep your information, including your email address, up to date. You are responsible for providing accurate, truthful, and complete information. You are also responsible for safeguarding your username and password to prevent theft or misuse. 7.3 User roles and access: It's important to understand the permissions you grant to your authorized users. These Store Terms also apply to every authorized user you add to your Store Account. Data Use and Privacy 8.1 You and we both agree to comply with all relevant data protection and privacy laws and regulations, including but not limited to Regulation (EU) 2016/679 of 27 April 2016 (the General Data Protection Regulation, or “GDPR”) and the California Consumer Privacy Act (the “CCPA”). 8.2 Occasionally, Stores inquire about our collection and use of personal data related to Consumers. We are responsible for managing and protecting the personal data collected from Consumers. Any personal data we collect is not shared with you, unless we have prior consent from the Consumer or if required by applicable regulations. Confidentiality 9.1 While using our Platform, you may share confidential information with us and may also become aware of confidential information about us. Both you and we agree to take reasonable measures to protect each other’s confidential information from unauthorized access by individuals, entities, or other third parties. Either party may share confidential information with legal, governmental, or regulatory authorities when required by law. Additionally, we may share your information confidentially with our advisers, auditors, financiers, and any third parties conducting due diligence on our business. Information will not be considered confidential if the recipient already knew the information and it was not subject to confidentiality, or if the information is publicly available (unless this was caused by a breach of confidentiality). Indemnity & Limitation of Liability 10.1 Except for the rights and responsibilities outlined in this section, Rescue Eats will not be liable for any losses or damages. 10.2 To the extent permitted by applicable law, Rescue Eats will not be liable for the following: Loss of profits, goodwill, business opportunities, revenue, or anticipated savings Indirect or consequential losses Punitive damages Rescue Eats’ total liability arising from or related to these Store Terms or your use of the Platform is limited to the amount Rescue Eats paid you in the 30 days prior to the event that gave rise to the claim. 10.3 You agree to indemnify Rescue Eats and its directors, officers, employees, and contractors from any third-party legal actions (including those by government authorities) that arise from or relate to your unlawful use of the Platform and/or violation of these Store Terms. This indemnity includes any liability or expenses resulting from claims, losses, damages, judgments, fines, litigation costs, and legal fees. 10.4 These Store Terms only limit our responsibilities to the extent permitted by applicable law. Specifically, these terms do not limit our liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. Intellectual Property 11.1 While using the Platform, you allow us to display your Store name and logo(s) to make your presence and Listings visible to Consumers. Occasionally, we may also reference your name and logo in connection with listings of Stores and business partners using the Platform. Any other use of your name or logo requires your prior written consent. 11.2 As an active user of the Platform, you may use our name and logo(s) to indicate your use of the Platform and your relationship with Rescue Eats. Such use must adhere to our brand guidelines or any other reasonable instructions provided by us. Any other use of our name, logo(s), or other proprietary materials requires our prior written consent. We reserve the right to revoke your permission to use our name and/or logo(s) at any time if we determine your use violates our brand guidelines or reasonable expectations. 11.3 Except for your Store name and logo(s), all other content and materials on the Platform are solely our property, unless stated otherwise. Duration & Cancellation 12.1 We reserve the right to suspend or terminate your access to the Platform, including deleting your Store Account, at our reasonable discretion. Examples of situations where this may occur include: You materially or repeatedly violate the Store Terms; We’re required to do so to comply with a legal obligation or court order; We reasonably believe your actions cause liability or harm to us, a Consumer, or a third party—such as hacking, phishing, harassment, spamming, misleading others, or scraping content that doesn't belong to you; or You remain inactive on the Platform for an extended period. 12.2 If you believe your Store Account has been suspended or terminated in error, we encourage you to reach out to us. 12.3 You are always welcome to stop using our Platform at any time. Miscellaneous 13.1 Disclaimer of warranties. Our Platform is provided to you on an "as is" basis. We disclaim all warranties, whether express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose, unless local law grants you specific rights that contradict this disclaimer or does not allow us to exclude certain warranties. In all other cases, we are only bound by the express promises made to you in these Store Terms. 13.2 Blocking your access, disabling your subscription, or refusing to process a payment: We may restrict your access, close your Store Account, or decline a payment if we reasonably believe there is a potential legal or regulatory risk linked to you, your business, or the payment. Examples include transactions involving payments from a sanctioned individual, or if we suspect a legal or regulatory issue. You agree that you are not on a sanctions list. We may also block Consumers or Store Accounts from regions where we cannot process payments. These actions may be taken without prior notice. 13.3 Changes to Rescue Eats’ terms. We may update these Store Terms occasionally. We'll notify you in advance of any changes in accordance with local regulations. If possible, we’ll give you a heads-up about significant changes, unless we need to implement them immediately due to factors beyond our control, like a change in the law. For less significant changes, we may not notify you. The updated Store Terms won’t apply retroactively to your prior use of the Platform, but they will take effect immediately once they are posted. If you continue using the Platform after the revised terms are published, you’ll be considered to have accepted the new terms. To stay informed about changes, you can always check the version and date of the last update at the top of the Store Terms. 13.4 Assignment. You cannot assign, transfer, or delegate these Store Terms or any of your rights and obligations without our prior written consent. However, we may assign, transfer, or delegate this agreement and any associated rights and obligations at our discretion, with 30 days' prior notice to you. 13.5 Applicable law. The applicable law and venue for your use of our Platform are specified next to the Rescue Eats entity you contracted with in Schedule 1. The law and venue apply regardless of any conflict of law principles. Any disputes will be resolved exclusively through the dispute resolution method outlined in these Store Terms. 13.6 Resolving disputes. Most concerns can be quickly addressed and resolved by reaching out to us. If we are unable to resolve your complaint to your satisfaction (or if a dispute between us remains unresolved after informal attempts), you and we agree to settle the dispute through a final and binding arbitration process. This arbitration will be conducted in English, based on the applicable law and venue outlined in Schedule 1, which depends on your place of establishment, and in accordance with the Rules of Arbitration of the International Chamber of Commerce. You and we agree that any dispute will be handled individually, and not as part of a class action or representative proceeding. 13.7 Contacting each other. If you have any questions about these Store Terms, please contact us using the details for your local market provided in Schedule 1. Unless stated otherwise in these Store Terms, any notices we send to you will be sent to the email address you’ve provided in your Store Account. Schedule 1 - Contracting Entities & Applicable Law. Your place of establishment Rescue Eats Contracting Entity Business Registration Number Applicable Law and Venue Address and Contact Information United States Rescue Eats, LLC 202565811505 California 401 Main St., Suite 101, Chico, CA 95928 Email: rescueeatsllc@gmail.com Phone: (530) 433-0962