Text Marketing Agreement & Billing Authorization

I am authorized to and do hereby agree on behalf of [CUSTOMER NAME] to:

• Amend our subscription agreement with HungerRush, LLC to include access to HungerRush’s Text Marketing platform, which enables direct-to-consumer SMS marketing campaigns from within the HungerRush RM platform.

• Authorize HungerRush, LLC to charge the checking/savings account or credit card on file for all fees incurred under this agreement, including campaign-level messaging charges and any applicable taxes or adjustments due to billing errors.

• Acknowledge that usage of the Text Marketing platform is entirely optional. However, enabling and/or using the service constitutes agreement to the pricing and billing structure outlined herein.

Pricing & Billing Terms

• Pricing is brand-level and tiered based on verified subscriber count at the start of each monthly billing cycle:

• Launched messages include native list-cleaning to support subscriber verification.

• List-cleaning or verification may alter subscriber counts and thus affect pricing tiers. HungerRush makes no guarantee of tier retention in the event of such changes.

• Subscriber Tiers are dynamic and re-evaluated monthly. If a brand crosses a tier threshold, new pricing applies beginning with the next billing cycle.

• Pricing is subject to applicable taxes.

Billing Structure

• Billing shall be conducted on a monthly basis and invoiced directly to the corporate entity. The corporate entity shall be solely responsible for remitting payment to HungerRush in accordance with the agreed payment terms. The corporate entity may, at its sole discretion, allocate or pass through such charges to its subsidiaries; however, such internal allocations shall not affect or diminish the corporate entity’s primary obligation to HungerRush for timely and full payment.

• Campaign-level usage is pay-as-you-go. Customers agree to be billed per outbound message at the rate assigned to their current tier.

General Acknowledgment

• By enabling the Text Marketing product in the Restaurant Manager (RM) platform and agreeing to these terms, I further represent and agree, on behalf of [CUSTOMER NAME], that:

a. We have reviewed the HungerRush “Terms and Conditions” at [https://www.hungerrush.com/terms/] and agree that they are incorporated by reference into this agreement.

b. We accept that pricing tiers, rates, or terms may be updated with notice, and continued use of the product after such notice shall constitute agreement to the revised terms.

c. We understand that disabling the product will prevent future billing but does not void charges already incurred.

d. We accept that HungerRush may rely on this representation as a binding agreement.

(go to [https://www.hungerrush.com/terms/] to see additional copies of these documents as well as terms and conditions from other third parties whose product and services may be a part of your sale) and that the Terms are expressly incorporated herein by reference and made a part of this agreement; b) that we will be bound and governed by the Terms (including any amendments thereto of which we receive notice and do not object); and c) HungerRush, LLC may and should rely upon the this representation and agreement.

Text Marketing Acknowledgement, Release and Indemnification Agreement

This Text Marketing Acknowledgement, Release and Indemnification Agreement (“Agreement”) is entered into on this __ day of ____________ 20__ (the “Effective Date”) by and between_______________________ (“Merchant”) and HungerRush, LLC, and its affiliates (“HungerRush”).

WHEREAS, HungerRush has developed a text marketing product and services that enable merchants to send marketing, promotional and similar messages to consumers via text and SMS technology (the “TM Product”); and

WHEREAS, Merchant has requested that HungerRush provide the TM Product to Merchant for use in Merchant’s business and HungerRush is willing to do so for a fee set forth in a separate agreement, and subject to Merchant agreeing to the terms of this Agreement.

NOW THEREFORE, Merchant, with the benefit of the advice, if any, that it has received from legal counsel of its own choosing, expressly acknowledges and agrees to the following:

1. The federal government and various state and local governments have, or may, enact laws that govern whether, and how, marketing, promotional and similar messages can be sent to consumers.

2. HungerRush has not provided, and cannot provide, any advice, guaranty, warranty, promise, representation, prediction, analysis, assessment or recommendation concerning the legality or propriety, under any applicable federal, state or local law, of Merchant using text and SMS technologies to send marketing, promotional and similar messages to consumers.

3. HungerRush has recommended that Merchant engage and consult with legal counsel of its own choosing in deciding whether, and how, it can use text and SMS technologies to send marketing, promotional and similar messages to consumers.

4. Merchant irrevocably waives and releases any and all claims that Merchant could possibly assert against HungerRush arising out of, or related, in whole or in part, to Merchant using text and SMS technologies to send marketing, promotional and similar messages to consumers.

5. Merchant irrevocably agrees to defend and indemnify HungerRush against all claims that third parties might bring against HungerRush arising out of, or related, in whole or in part, to Merchant using text and SMS technologies to send marketing, promotional and similar messages to consumers and/or to HungerRush enabling and assisting Merchant to do so.