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7 Brew Online Services Terms and Conditions of Use

Last Revised: August 7, 2026

Please read these 7 Brew Online Services Terms and Conditions of Use (“Terms”) which contain an agreement to arbitrate carefully before using any 7 Brew websites, mobile applications, loyalty programs, email newsletters, subscriptions, or other digital properties on which these terms are posted or referenced (collectively, the “7 Brew Online Services”).

Downloading or using any of the 7 Brew Online Services constitutes acceptance of these Terms, as revised from time to time, and our Privacy Notice and is a binding agreement between Brew Culture, LLC (doing business as 7 Brew Drive Thru Coffee), and its affiliates, subsidiaries, and related entities (“7 Brew,” “we,” “us,” and “our”) and you (“User” or “you”) governing the use of the 7 Brew Online Services. If you do not agree to these Terms or our Privacy Notice, you should not access or use the 7 Brew Online Services. These terms contain provisions that limit our liability to you and govern the resolution of disputes.

By accepting these Terms, as described in more detail in Section 8 below, you agree to resolve any dispute in any way arising or relating to the 7 Brew Online Services, these Terms, our Privacy Notice, data security, or data privacy through binding arbitration, and you agree to waive your right to resolve disputes through any other processes that may be available to you and your rights to a trial by jury and to participate in a class action suit.

Certain services that we offer, including any rewards program, may be governed by additional terms and conditions. You must agree to any additional terms before using such services. These Terms and any additional terms will apply equally to such services. In the case of any inconsistency between these Terms and any additional terms, the additional terms will govern.

7 Brew reserves the right to make changes to these Terms at our sole discretion, with or without notice. Your continued use of the 7 Brew Online Services constitutes your acceptance of such changes. It is your responsibility to check these Terms periodically for changes.

CONTENTS

You can move to specific sections of these Terms by clicking on any of the sections listed below.

  1. Users

The 7 Brew Online Services are not intended for use by or targeted towards anyone under the age of 13. A user must be at least 13 years of age to access and use the 7 Brew Online Services. By accessing, using, or submitting information through 7 Brew Online Services, you represent that you are at least 13 years old. Users between the ages of 13 and 18 may only use the 7 Brew Online Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

  1. Privacy Notice

7 Brew’s Privacy Notice applies to the 7 Brew Online Services and any programs, offers, and promotions offered in connection with such services, and its terms are made a part of these Terms. By accessing or using the 7 Brew Online Services, you consent to all actions that we may take with respect to your personal information and other data consistent with our Privacy Notice.

  1. Site Content

The 7 Brew Online Services are provided on an “as is” and “as available basis,” and any service provided to you through the 7 Brew Online Services is provided at your sole risk. 7 Brew expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement with respect to such 7 Brew Online Services. 7 Brew makes no warranty that (a) the 7 Brew Online Services will meet your requirements; (b) the 7 Brew Online Services will be uninterrupted, timely, secure, or error-free; (c) the results of using the 7 Brew Online Services will be accurate or reliable; (d) the quality of the 7 Brew Online Services will meet your expectations; or (e) any errors in the software utilized by the 7 Brew Online Services will be corrected. By your use of the 7 Brew Online Services, you acknowledge that your use of the 7 Brew Online Services and all related programs, features, and services is at your sole risk.

  1. Acceptable Use

The 7 Brew Online Services and all materials, content, and information including, but not limited to, all text, images, logos, illustrations, designs, photographs, software and video or audio clips (collectively, the “Contents”) are owned by or licensed to 7 Brew and are intended solely for User’s personal, non-commercial use. Subject to these Terms, 7 Brew grants User a personal, revocable, non-exclusive, non-transferable, and limited license to use the 7 Brew Online Services for User’s personal use only. You must retain all copyright, trademark, or other proprietary notices contained in the Contents or on any copies of the Contents. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise infringe on any intellectual property rights related to the 7 Brew Online Services or the Contents. Unless explicitly stated herein, nothing in these Terms shall be construed as granting any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. 7 Brew may, at any time, with or without notice, terminate, change, suspend, or discontinue any aspect of the 7 Brew Online Services or the Contents.

  1. Copyright and Trademarks

All Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled, or licensed by 7 Brew and are protected by applicable U.S. state and federal laws, international law, and/or other proprietary rights. Under no circumstances shall User acquire any ownership rights or other interest in any Contents. All rights not expressly granted are reserved in favor of 7 Brew.

  1. User Conduct

You agree to use the 7 Brew Online Services, the Contents, and all related programs, features, and services in accordance with these Terms and all applicable laws. You may not use the 7 Brew Online Services, the Contents, or any related programs, features, and services:

7 Brew reserves the right, in its sole discretion, to limit or prohibit any access to or use of the 7 Brew Online Services or the Content that we deem to be in violation of these Terms or applicable law or to be otherwise harmful to us.

  1. Limitation of Liability and Indemnification

By using the 7 Brew Online Services, you agree that in no event will 7 Brew, or any of its affiliates, subsidiaries, licensors, content providers, service providers, employees, agents, officers, directors, franchisees, or contractors (collectively, the “Indemnified Parties”), be liable for any direct or indirect, incidental, special, or consequential damages as a result of your use of the 7 Brew Online Services. In no event will 7 Brew’s total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed $500. However, nothing in this section is intended to limit 7 Brew’s liability for its own gross negligence or intentional or unlawful misconduct. 7 Brew expressly reserves all legal rights to recover damages or compensation under these Terms or as allowed by applicable law.

You agree to defend, indemnify, and hold harmless 7 Brew, its affiliates, subsidiaries, franchisees, licensees, and related entities, and their respective employees, agents, officers, and directors from and against any and all claims, suits, damages, losses, costs, fines, penalties, reasonable attorneys’ fees, and expenses that arise directly or indirectly from your use or misuse of the 7 Brew Online Services, including any violation of any rights of a third party or breach by you of these Terms, 7 Brew’s Privacy Notice, or any applicable additional terms or agreements.

  1. Arbitration

Please read this section carefully, as it affects your legal rights. This section requires you to arbitrate disputes with 7 Brew and limits the manner in which you may seek legal relief.

AGREEMENT TO ARBITRATE

Any dispute, controversy, or claim arising out of or related in any manner to these Terms, 7 Brew’s Privacy Notice, or any applicable additional terms or agreements related to the 7 Brew Online Services (collectively, a “Dispute”) shall be solely and finally settled by individual binding arbitration administered by the American Arbitration Association (AAA) by a sole arbitrator in accordance with the rules of the AAA, including the AAA’s Consumer Arbitration Rules, if applicable (the “AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available at www.adr.org. If there is any conflict between the AAA Rules and these Terms, these Terms will govern. You and we agree that these Terms affect interstate commerce and, accordingly, the Federal Arbitration Act, 9 U.S.C. §§ 1-16, not state law, applies to the interpretation and enforcement of this arbitration agreement.

PRE-ARBITRATION PROCEDURES

Before initiating any Dispute, you must give us at least 60-days’ written notice of the Dispute that contains enough information for us to attempt to resolve your Dispute, including (a) your name; (b) your email address and telephone number; (c) a written description of the problem, relevant documents, and supporting information; (d) a good faith calculation of the damages you claim to have suffered; and (e) a description of the relief you intend to seek. You may send this notice via email to info@7brew.com or by mail to Brew Culture, LLC, 2710 S 48th Street, Springdale, Arkansas 72762.

You and we agree to negotiate any Dispute between us in good faith during this 60-day period, during which time neither you nor we may commence any arbitration proceedings (the “Resolution Process”). If you and we are unable to reach a resolution of the Dispute during the Resolution Process, following the expiration of the 60-day period, either party may initiate arbitration proceedings in accordance with this arbitration agreement. You may be represented by an attorney or other representative during the Resolution Process, but we may require that you submit written authorization allowing us to discuss your Dispute with your attorney or other representative.

ARBITRATION PROCEDURES

To initiate arbitration, you must make a written demand requesting arbitration to the AAA and to us at the following address: Brew Culture, LLC, 2710 S 48th Street, Springdale, Arkansas 72762.

Payment of all filing, administrative, and arbitrator fees will be governed by the AAA Rules. The arbitration shall be held in the State of Arkansas at a location determined by the AAA under its rules and procedures or at such other location as may be mutually agreed upon by the parties. Unless doing so would violate applicable law, the arbitrator shall apply Arkansas law consistent with the Federal Arbitration Act.

The arbitrator will have the power to grant the same relief that would be available in a court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in a court of competent jurisdiction.

  1. Waiver of Class Actions and Jury Trial

Please read this section carefully, as it affects your legal rights. This section contains a jury trial waiver and a waiver of any and all rights to proceed in a class action to the fullest extent allowed under applicable law.

WAIVER OF CLASS ACTIONS

You and we each agree that you may only initiate claims in your individual capacity and not in any representative capacity or on behalf of any class or purported class, or as a private attorney general or representative action. No proceedings commenced under these Terms, whether in arbitration or in a court of law or in equity, may be joined with or include any other parties or claims by other parties.

WAIVER OF JURY TRIAL

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL, INSTEAD ELECTING THAT ALL CLAIMS SHALL BE RESOLVED BY ARBITRATION AS SET FORTH HEREIN.

  1. Termination

You agree that 7 Brew may, in its sole discretion and without any notice to you, terminate your access to the 7 Brew Online Services if we determine that you have violated these Terms or the terms of 7 Brew’s Privacy Notice or any applicable additional terms or agreements.

  1. No Waiver

The failure of 7 Brew to exercise or enforce any right or provision set forth under these Terms or under applicable law shall not operate as a waiver of such right or provision. Any waiver of these Terms by 7 Brew must be in writing and signed by an authorized representative of 7 Brew.

  1. Updates

You understand and agree that we (with or without notice) may update, modify, or terminate the 7 Brew Online Services (or your access to them) from time to time. We reserve the right to update these Terms at any time at our sole discretion. The updated version will be indicated by the “Last Revised” date set forth above and will be effective as of such date. We will provide you with notice of material changes to these Terms. It is your responsibility to check these Terms periodically to review any changes.

  1. Severability

If any provision of these Terms is found to be illegal, invalid or otherwise unenforceable, the remaining provisions shall remain in full force and effect.

  1. Entire Agreement

These Terms, together with the Privacy Notice and any applicable additional terms or agreements related to the 7 Brew Online Services, constitute the entire agreement between us and you with respect to the 7 Brew Online Services and all related programs, features, and services. These Terms shall bind you and us and each of our heirs, successors, and assigns from and after the “Last Revised” date set forth at the top of these Terms.

  1. Contact Us

If you have any questions, please contact us using any of the methods below:

2710 S 48th Street

Springdale, Arkansas 72762

  1. Email Communications

In connection with certain 7 Brew Online Services, you may consent to receiving promotional and marketing email communications. You may opt-out of receiving promotional and marketing email communications at any time by adjusting your communication preferences at https://rewards.7brew.com/account, through our Application, or by following the unsubscribe instructions contained in each of our promotional and marketing email communications. If you opt-out of receiving promotional and marketing emails from us, we may still send communications to you about your orders and transactions, and any accounts you have with us. Please note that when you opt-out of receiving promotional and marketing emails, you may still receive other forms of promotional and marketing communications from us, including text messages.

  1. 7 Brew Rewards Terms and Conditions

Important: These 7 Brew Rewards Terms and Conditions (“Rewards Terms”) apply only if you join the 7 Brew Rewards program operated by 7 Brew (“7 Brew Rewards”). Any term identified in this Section is limited to the Rewards Terms and is not intended to modify the 7 Brew Online Services Terms and Conditions, 7 Brew’s Privacy Notice, or any other terms or conditions that govern your relationship with 7 Brew. Defined terms from the 7 Brew Online Services Terms and Conditions not otherwise defined below are incorporated herein by this reference.

By accessing or participating in 7 Brew Rewards, you understand and agree that the 7 Brew Online Services Terms and Conditions are incorporated into the Rewards Terms (together, the “Terms”) and that 7 Brew Rewards is considered an “online service” under the Terms. Your access to and use of 7 Brew Rewards represents your agreement to the Terms including, without limitation, the Rewards Terms and 7 Brew’s Privacy Notice. Please read the Terms carefully, as they contain an arbitration agreement, jury and class action waivers, limitations on 7 Brew’s liability, and other provisions that affect your legal rights regarding 7 Brew Rewards. If you do not agree to these Terms or our Privacy Notice, do not access or participate in 7 Brew Rewards.

ABOUT 7 BREW REWARDS

7 Brew Rewards is a customer loyalty program that allows a Member (as defined below) to receive and redeem loyalty points (“Points”) for Rewards (as defined below) at participating 7 Brew stores.

ELIGIBILITY

Participation in 7 Brew Rewards is limited to persons residing in the United States who are eligible to use the 7 Brew Online Services. 7 Brew Rewards is intended for personal use only. No business entities, third-party aggregators, organizations, or groups may register for 7 Brew Rewards or earn Points. Participation in 7 Brew Rewards is limited to one individual per 7 Brew Rewards account, and 7 Brew reserves the right to suspend, delete, terminate, or combine duplicate accounts (including under multiple email addresses or phone numbers). 7 Brew Rewards is only available to Users who meet the age requirements for the 7 Brew Online Services, which can be found Section 1 of these Terms. 7 Brew reserves the right to limit participation and enrollment in 7 Brew Rewards at any time.

JOINING 7 BREW REWARDS

To participate in 7 Brew Rewards, eligible individuals must enroll and become a member of 7 Brew Rewards (“Member”). To enroll and become a Member, visit any participating 7 Brew store and request to be enrolled in 7 Brew Rewards, download and sign up through the 7 Brew Application, or you may enroll by following the prompts at https://rewards.7brew.com/register to create an online account. To complete your enrollment, you will be required to provide requested information including, but not limited to, your name, email address (required when requesting to receive marketing communications via email), and mobile phone number. By enrolling, you represent you are at least 13 years or older and agree to provide true, accurate, current and complete information about yourself and maintain and promptly update your information to keep it true, accurate, current and complete at all times. You are entirely responsible for maintaining the confidentiality of any login information associated with your online account. You agree to notify 7 Brew immediately if you suspect any unauthorized use of your login, or any other breach of security associated with your account. You may not use anyone else’s login at any time without their express written permission. 7 Brew shall not be liable for any loss or damage arising from your failure to comply with these obligations.

You may receive a text message with instructions to confirm your enrollment in 7 Brew Rewards. By signing up for 7 Brew Rewards, you may opt in to receive recurring automated marketing text messages from 7 Brew. You may opt out of these messages at any time. See the Text Messaging Terms and Conditions, which are part of the Terms and expressly incorporated herein, for more information about our text message information and marketing program. 7 Brew may periodically request additional information to help us get to know you better. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate at all times. Communications with you will be made using contact information most recently provided by you.

MULTI-FACTOR AUTHENTICATION

For security purposes, you may be required to provide a one-time password (OTP) sent to you via text message any time you sign-up for or log-in to your 7 Brew Rewards account. These are one-time messages sent to you at your request for the purpose of confirming your identity. Messages will be sent from short code 50129 or long code 479-349-0052; you will not receive other messages from these numbers. One message per sign-up or log-in attempt. You acknowledge and agree that 7 Brew may send a confirmation text message with an OTP anytime you sign-up or log-in to your 7 Brew Rewards account. Message and data rates may apply.

EARNING POINTS

Members will earn one hundred (100) Points for each small, medium, or large beverage purchased at participating 7 Brew stores (a “Qualifying Purchase”). Points for any single Qualifying Purchase may only be credited to one (1) 7 Brew Rewards account. Members must identify their 7 Brew Rewards account at the time of purchase. Members can identify their 7 Brew Rewards account by providing the mobile phone number that they provided in connection with their 7 Brew Rewards account, or by scanning their 7 Brew Application. Members must be logged into their 7 Brew Rewards account on the Application to earn points using the Application.

Certain purchases and transactions do not apply, including purchases made when checking out as a guest, purchases of 7 Brew gift cards, and purchases or transactions made using Points or other promotional items. Orders made on third-party food delivery platforms (e.g., DoorDash, Grubhub, UberEats, etc.) are not Qualifying Purchases and will not earn Points. You will not receive Points for any amounts paid in delivery fees, surcharges, gratuity, or sales, use, or other transactional taxes even though such amounts may be paid in connection with a Qualifying Purchase.

7 Brew is under no obligation to provide Members with any particular number of point-earning opportunities, special offers, or to send messages to them.

Points are automatically tracked at the time of the Qualifying Purchase and will be credited to the Member’s account upon consummation of the Qualifying Purchase. In certain cases, it may take twenty-four (24) hours or more for Points to be credited to a Member’s 7 Brew Rewards account. From time to time, participating 7 Brew stores may experience system unavailability and may not be able to process a 7 Brew Rewards transaction. Members can contact 7 Brew using any of the methods described in the “Contact Us” section of these Terms and request that we manually enter any Points that were not recorded as a result of such system unavailability.

7 Brew has the sole discretion to determine the Points in your 7 Brew Rewards account. 7 Brew shall not be responsible for or liable to any Member, person, or entity in any way for any losses, costs, or expenses incurred by a delay or error in crediting Points to a Member’s 7 Brew Rewards account. If you believe Points from your Qualifying Purchase were incorrectly calculated, you must notify 7 Brew within six (6) months of the Qualifying Purchase and provide a copy of your receipt. For the avoidance of doubt, orders made on third-party food delivery platforms (e.g., DoorDash, Grubhub, UberEats, etc.) are not eligible to earn Points as a missed transaction request.

Members can check their Points balance by logging into their account at https://rewards.7brew.com/sign-in, logging in on the Application, inquiring at any participating 7 Brew store, or by contacting us using any of the methods described in the “Contact Us” section of these Terms.

REDEEMING POINTS FOR REWARDS

Points may be redeemed for complimentary 7 Brew items at participating 7 Brew stores in the United States. Members can redeem one thousand (1,000) Points for one (1) small, medium, or large beverage. Members can also redeem Points for merchandise when signed in to their accounts using the Application. Any 7 Brew item that is redeemed by a Member using Points is referred to herein collectively as “Rewards”).

You must have at least enough available Points in your 7 Brew Rewards account for the Reward you wish to redeem. In any single transaction, only one (1) 7 Brew Rewards account may be used to redeem Points for Rewards. Points earned by a Member in any purchase or transaction may only be redeemed for Rewards in a separate, subsequent purchase or transaction. Rewards cannot be redeemed through any third-party platforms. Determinations regarding redemption of Points for Rewards are subject to 7 Brew’s sole and absolute discretion.

Points will be subtracted from a Member’s 7 Brew Rewards account immediately when a Reward is requested based on the total Points for the requested Reward. Points will be restored to a Member’s account only in the event 7 Brew determines, in its sole and absolute discretion, that the Reward requested by the Member is unavailable or cannot be delivered. 7 Brew reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available to Members in its sole and absolute discretion.

SPECIAL MEMBER BENEFITS

7 Brew, in its sole and absolute discretion, may periodically offer the opportunity for additional rewards or benefits on particular transactions or special offers (collectively, “Member Benefits”). Member Benefits may include personalized offers and coupons distributed by email, text message, or physical mail, or related benefits. 7 Brew reserves the right to offer additional Member Benefits to some Members based on geographic location, program participation, or other criteria as determined by 7 Brew. Member Benefits may be transferred to Members by 7 Brew via credit to such Member’s 7 Brew Rewards account.

You must have opted-in to receive marketing communications in order to receive promotional and marketing offers via email or text message. You may opt-out of receiving 7 Brew marketing communications and still remain an active 7 Brew Rewards Member, but you will not receive promotional and marketing offers sent to other Members via email or text message.

Member Benefits may be customized based on your Qualifying Purchases and preferences. Member Benefits may have certain restrictions including, but not limited to, expiration dates and time-limited redemption periods. Member Benefits are personal to you and cannot be shared, copied, or transferred, except as 7 Brew Rewards may allow in certain limited instances. You may be required to provide your 7 Brew Rewards account information at participating 7 Brew stores to redeem Member Benefits. Read each offer carefully for specific details, limitations, and restrictions that may be applicable to such offer.

REDEMPTION SUBJECT TO AVAILABILITY

All Rewards, Member Benefits, and other benefits offered via 7 Brew Rewards are subject to availability. Some participating 7 Brew stores may not sell all products offered as Rewards or in connection with Member Benefits or other benefits offered via 7 Brew Rewards. Additionally, merchandise shown as available through the 7 Brew Rewards program may be unavailable (either generally or in the applicable size you are wanting) at the time you want to redeem Points for such merchandise. Images of products and packaging of Rewards, Member Benefits, or other benefits are examples only and may not be identical to the product or packaging you receive from a participating 7 Brew store.

EXPIRATION OF POINTS; ACCOUNT INACTIVITY

If a Member does not make a Qualifying Purchase for a period of twelve (12) months, any Points that the Member has previously earned or free drink Rewards the Member previously accrued, including free drinks from cancelled orders, will expire automatically and will be removed from the Member’s 7 Brew Rewards account. Points cannot be reinstated after they have been removed from a Member’s 7 Brew Rewards account.

7 Brew reserves the right to terminate a Member’s 7 Brew Rewards account if the Member does not make a Qualifying Purchase for a period of two (2) years or longer. You understand and agree that termination by 7 Brew of any 7 Brew Rewards account will result in the automatic expiration of all Points, Rewards, and Member Benefits and the inability to earn and/or redeem further Points, Rewards, and Member Benefits with respect to that account.

CANCELLATION; TERMINATION

You may opt-out of 7 Brew Rewards at any time and for any reason by contacting us using any of the methods described in the “Contact Us” section, or through the Application. If you cancel your 7 Brew Rewards account, any unused Points, Rewards, and Member Benefits associated with your 7 Brew Rewards account will automatically expire and will no longer be available for redemption.

7 Brew reserves the right to suspend or terminate, at 7 Brew’s sole and absolute discretion, any 7 Brew Rewards account if 7 Brew believes that the Member has abused their 7 Brew Rewards privileges, has violated or acted inconsistently with the Terms or applicable law, or has otherwise acted in a manner that is harmful to 7 Brew’s interests. Upon termination, the Member’s 7 Brew Rewards account shall immediately cease, and any unused Points, Rewards, and Member Benefits associated with the Member’s 7 Brew Rewards account will automatically expire and will no longer be available for redemption.

7 Brew reserves the right to change, modify, or terminate 7 Brew Rewards, or any or all benefits under 7 Brew Rewards or any policy pertaining to 7 Brew Rewards, at any time and for any reason including, but not limited to, the right to change the expiration date or redemption value of Points, Rewards, and Member Benefits, merge 7 Brew Rewards with another program, or to adjust how Points or Rewards are received, calculated, or redeemed.

7 Brew has no obligation and shall not compensate you for any unused Points, Rewards, Member Benefits, or other benefits of 7 Brew Rewards following cancellation or termination of your 7 Brew Rewards account.

NO RIGHTS IN POINTS OR OTHER BENEFITS

Points, Rewards, and Member Benefits, and any other benefits of 7 Brew Rewards have no cash value, are not redeemable for cash, gift cards, or gift certificates, are purely promotional, and are not property, and you have no vested right or interest in any such benefits. No portion of any payment for Qualifying Purchases or any Points, Rewards, or Member Benefits constitute consideration paid for any of the foregoing. Points, Rewards, Member Benefits, and any other benefits of 7 Brew Rewards may not be sold, transferred, or assigned and may not be combined across accounts, regardless of who registered the account.

FEES

There are no membership fees associated with 7 Brew Rewards.

UPDATES

You understand and agree that 7 Brew may (with or without notice) update, modify, or terminate 7 Brew Rewards (or your access to it) from time to time. We reserve the right to update these Terms, including the Rewards Terms, at any time at our sole and absolute discretion. The updated version will be indicated by the “Last Revised” date set forth above and will be effective as of such date. We will provide you with notice of material changes to the Terms. It is your responsibility to check the Terms periodically to review any changes.

QUESTIONS, COMMENTS, AND CONCERNS

If you have additional questions, comments, or concerns regarding these Terms, please contact us using any of the methods described in the “Contact Us” section.

  1. Text Messaging Terms and Conditions

Important: These Text Messaging Program Terms and Conditions (“Text Messaging Terms”) apply only if you have opted into the text message information and marketing program operated by 7 Brew (the “Program”). Any term identified in this Section is limited to the Text Messaging Terms and is not intended to modify the 7 Brew Online Services Terms and Conditions, 7 Brew’s Privacy Notice, or any other terms or conditions that govern your relationship with 7 Brew. Defined terms from the 7 Brew Online Services Terms and Conditions not otherwise defined below are incorporated herein by this reference.

By opting into the Program, you understand and agree that the 7 Brew Online Services Terms and Conditions are incorporated into the Text Messaging Terms (together, the “Terms”) and that the Program is considered an “online service” under the Terms. Your access to, and use of, the Program represents your agreement to the Terms including, without limitation, the Text Messaging Terms, and 7 Brew’s Privacy Notice. Please read the Terms carefully, as they contain an Arbitration Agreement, Jury and Class Action Waivers, Limitations on 7 Brew’s Liability, and other provisions that affect your legal rights regarding the Program. If you do not agree to these Terms or our Privacy Notice, do not subscribe to, access, or use the Program.

ABOUT THE PROGRAM

The Program is a marketing program that sends its users promotional information, including information about deals, special offers, and events, and transactional information, such as order notifications and updates, account activity, and other transaction-related information. This information is delivered directly to mobile phones via short message service (SMS) and/or multimedia message service (MMS) using short code 72739.

You may opt in by visiting any participating 7 Brew store; when you create an account using the 7 Brew Application; or online and on the Application through your 7 Brew Rewards account.[1] By opting into the Program, you consent to receive and authorize 7 Brew (and its service providers) to send you recurring automated promotional and personalized text messages at the mobile phone number you provided. Texts may be sent automatically, including via an automatic telephone dialing system or via an automated system for the selection/dialing of numbers. Your consent is not a condition of purchasing any property, goods, or services.

To receive marketing text messages, you must have a text-messaging-enabled mobile device with a text messaging plan. Not all mobile devices may be supported, and text messaging may not be available in all areas. 7 Brew (and its service providers) are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile carriers:

CHARGES AND FEES

7 Brew does not charge any fee to participate in the Program, but message and data rates from your phone provider may apply. You agree that you are responsible for any message and data rates imposed by your phone provider.

Messaging frequency varies. We reserve the right to alter the frequency of messages sent at any time.

FRANCHISEE TEXT MESSAGING PROGRAMS

Many of our stores are owned and operated by franchisees. These Terms do not apply to any of our franchisees’ text messaging programs. If you are receiving text messages from a 7 Brew franchisee and wish to stop, you will need to opt out from such messages with the franchisee directly. Each 7 Brew franchisee is solely and independently responsible for its legal and regulatory compliance.

OPTING OUT

If you wish to stop receiving text messages from 7 Brew, simply text STOP to 72739. You may also opt out by contacting us using any of the methods described in the “Contact Us” section, or through logging into your account on our Application. If you opt out, you agree to receive a final text message confirming your decision to opt out. Opting out of text messages does not opt you out from the Rewards Program.

Opting out of one form of communication does not mean you have opted out of all forms of communication. For example, if you opt out of receiving text messages, you may still receive email communications. If you are receiving text messages from a 7 Brew franchisee, you will need to opt out from such messages with the franchisee directly.

GETTING HELP

For help at any time, text HELP to 72739.

DUTY TO NOTIFY AND INDEMNIFY

By providing 7 Brew with your mobile phone number and opting into the Program, you are expressly stating that you are the primary user of the provided mobile phone number and agreeing that 7 Brew (and its service providers) may send text messages to that mobile phone number.

You agree to complete the opt-out process set forth in these Terms or to notify 7 Brew immediately if you intend to change, transfer, or stop using the mobile phone number you provided. You may notify us of such changes by contacting us as provided in the “Contact Us” section of these Terms. You understand and agree that your agreement to do so is a material part of these Terms.

UPDATES

You understand and agree that we (with or without notice) may update, modify, or terminate the Program (or your access to it) from time to time. We reserve the right to update these Terms, including the Text Messaging Terms, at any time at our sole and absolute discretion. The updated version will be indicated by the “Last Revised” date set forth above and will be effective as of such date. We will provide you with notice of material changes to the Terms. It is your responsibility to check the Terms periodically to review any changes.

QUESTIONS, COMMENTS, AND CONCERNS

If you have additional questions, comments, or concerns, please contact us using any of the methods described in the “Contact Us” section.

  1. Governing Law

These Terms and use of the 7 Brew Online Services and any disputes arising under or related to these Terms will be governed by the laws of the State of Arkansas, without reference to its conflict of law principles.

  1. Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the 7 Brew Online Services is Brew Culture, LLC, 2710 S 48th Street, Springdale, Arkansas 72762. To file a complaint regarding the 7 Brew Online Services, send a letter to the above address or contact 7 Brew via e-mail (with “California Resident Request” as the subject line) at info@7brew.com. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800.952.5210.

  1. Mobile Application

Important: These 7 Brew Mobile Application Terms and Conditions (“Mobile Application Terms”) apply only if you download and use the 7 Brew Rewards mobile app operated by 7 Brew (the “Application”). For the avoidance of doubt, the Application is a 7 Brew Online Service under the 7 Brew Online Services Terms and Conditions. Any term identified in this Section is limited to the Mobile Application Terms and is not intended to modify the 7 Brew Online Services Terms and Conditions, 7 Brew’s Privacy Notice, or any other terms or conditions that govern your relationship with 7 Brew. Defined terms from the 7 Brew Online Services Terms and Conditions not otherwise defined below are incorporated herein by this reference.

SETTINGS

The Application is designed to integrate with elements of your device’s native functionality. If you choose not to enable settings such as geolocation settings or push notifications, some features may not be available to you. You may opt out of certain settings such as system messages and geolocation at any time in the application or device settings. Opting out of system messages will not affect user settings with respect to other means of communication. Geolocation and other information collected in the Application is subject to 7 Brew’s Privacy Notice.

COMPATIBILITY

You must have a compatible mobile device to use the Application, and 7 Brew does not warrant that the Application will be compatible with your device. From time to time, the Application may require you to download or install updates or new versions for continued use or functionality. If you download the Application from an app store or distribution platform (each, an “App Store”), you acknowledge and agree that the availability of the Application is dependent on the App Store and its own separate functionality.

MOBILE ORDERING

The Application allows for you to place orders at select 7 Brew locations (“Mobile Ordering”). Mobile Ordering is only available at participating 7 Brew locations. Not all menu items may be available through Mobile Ordering.

While you can download and use the Application to view participating store locations and view our menu as a guest, you must be a Member of the 7 Brew Rewards Program and logged into the Application to place an order at participating 7 Brew locations.

You may create an account and sign up for the Rewards Program through the Application, subject to the Terms and Conditions herein.

Once you have joined the 7 Brew Rewards Program, downloaded and used the Application to place an online order through the Mobile Ordering function, you may show the QR code shown in the Application to the representative at the participating 7 Brew location to receive and pay for your online order.

MOBILE OFFERS

We may make offers available to you through the Application. Offers are only available for redemption at participating 7 Brew locations.

  1. Feedback

If you submit feedback to 7 Brew, such feedback is not confidential and is voluntary. By submitting any feedback to 7 Brew, you grant 7 Brew and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up, royalty-free, fully transferable, assignable and sublicensable license to use, sell, reproduce, modify, prepare derivative works, combine with other works, display, publish, distribute and license or sub-license the feedback. 7 Brew shall be entitled to the unrestricted use of your feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You warrant that you waive any moral rights to such feedback. 7 Brew shall own exclusive rights, including all intellectual property rights, to any work we create based on or related to the feedback.

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