Terms and Conditions

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TERMS AND CONDITIONS NOTICE

Last Revised: June 16, 2025

OVERVIEW

Please read these 7 Brew Online Services Terms and Conditions of Use (“Terms”) carefully before using any 7 Brew websites, mobile apps, 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. 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 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. We encourage you to check these Terms periodically for changes.

CONTENTS

You can move to specific sections of our Terms and Conditions of Use by clicking on any of the sections listed below.

  1. 1. Users
  2. 2. Privacy Notice
  3. 3. Site Content
  4. 4. Acceptable Use
  5. 5. Copyright and Trademarks
  6. 6. User Conduct
  7. 7. Limitation of Liability and Indemnification
  8. 8. Arbitration
  9. 9. Waiver of Class Actions and Jury Trial
  10. 10. Termination
  11. 11. No Waiver
  12. 12. Updates
  13. 13. Severability
  14. 14. Entire Agreement
  15. 15. Contact Us
  16. 16. Text Messaging Program Terms and Conditions

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. 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.

2. 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 consistent with our Privacy Notice.

3. 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.

4. 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, 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 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.

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.

6. 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.

7. 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. 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, damages, losses, costs, reasonable attorneys’ fees, and expenses that arise directly or indirectly from your use of the 7 Brew Online Services, including any breach by you of these Terms, 7 Brew’s Privacy Notice, or any applicable additional terms or agreements.

8. 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 person 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 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.

9. 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. 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.

10. 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.

11. 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.

12. 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. We encourage you to check these Terms periodically to review any changes.

13. Severability

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

14. 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.

15. Contact Us

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

You can write to us at: Brew Culture, LLC

2710 S 48th Street

Springdale, Arkansas 72762

You can email us at: info@7brew.com

You can call us toll free at: (479) 358-9274

16. 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.

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.

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 participate in the Program, 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 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 opt out of the Program and stop receiving text messages from 7 Brew, simply text STOP to 72739 or reply STOP to any text sent by 72739 within 30 days of your receipt of the text. You may also opt out by contacting us using any of the methods described in the “Contact Us” section. If you opt out, you agree to receive a final text message confirming your decision to opt out.

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 have opted in to receiving them. 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. You agree to indemnify 7 Brew in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to complete the opt-out process or notify us if you change, transfer, or stop using the mobile phone number you provided including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act or similar state and federal laws and any regulations promulgated thereunder. The indemnity clause will not apply to T-Mobile and Verizon customers.

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 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. We encourage you 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.