Storefront Addendum Effective Date: April 21, 2024

This TreeStorX Storefront Product Addendum (this "Storefront Addendum") is incorporated into the Agreement. All capitalized terms used and not defined herein shall have the meanings ascribed to them in the Sign-Up Sheet, in this Storefront Addendum, or in the Terms of Service between the parties.

TreeStorX provides certain website drafting, coding, integration, and implementation services (the "Services"). Merchant wishes to partner with TreeStorX to use the Services pursuant to the terms herein, which include:

A. Creation of a Merchant-branded ordering experience;

B. Configuring Merchant's menu, including items and prices;

C. Transmitting orders to Merchant's order protocol;

D. Facilitating the processing of payments;

E. Sharing of reports, analysis, insights;

F. Advising Merchant on online ordering growth; and/or

G. Other services as may be appropriate from time to time.

2.1. "TreeStorX Materials" means any and all software (including object and source code), end-user technical documentation, flow charts, algorithms, documentation, adversary information, report templates, know-how, inventions, techniques, models, TreeStorX trademarks, ideas, and any and all other works and materials developed hereunder (including without limitation all intellectual property rights therein and thereto).

2.2. "Fees" means any fee(s) as set forth in the Rate Card (including Setup Fee, Merchant Fee, Payment Processing Fee, PickUp Fee, and Delivery Fee).

2.3. "Force Majeure Event" means, with respect to a Party, any event or circumstance, whether or not foreseeable, that was outside the control of that Party.

2.4. "License Term" means the period of time during which Merchant is authorized by TreeStorX to access and use the Product or Service(s) as set forth in the applicable Order.

2.5. "Merchant Customer Data" means, for purposes of this Storefront Addendum, information accessible to Merchant through the Storefront Product, which may include Personal Information (as that term is defined in the Terms of Service), such as full name, email address, delivery address, and phone number.

2.6. "Storefront Product" means TreeStorX's products and/or services related to TreeStorX's provision of an online ordering portal to Merchant pursuant to the terms hereunder, including any TreeStorX Materials and any Updates (as applicable) thereto, that may be made available to Merchant from time to time by TreeStorX.

2.7. "Representatives" means the Recipient's employees and contractors, including without limitation, counsel, accountants and financial advisors.

2.8. "Updates" means any correction, update, upgrade, patch, other modification, or addition made by TreeStorX to any object code software component of a Storefront Product and made available to Merchant by TreeStorX from time to time.

3.1. Payment. Merchant will pay the fees for the Storefront Product as set forth in the Rate Card. All fees and other amounts are non-refundable (except as otherwise expressly provided in this Storefront Addendum) and exclusive of any applicable sales, use, value added, withholding, and other transaction related taxes, and Merchant will pay all such taxes levied or imposed by reason of the transactions hereunder, except for taxes based on TreeStorX's net income or related to TreeStorX's employees.

3.2. Taxes. TreeStorX shall charge and collect from Customers the applicable value added, goods and services, state and local sales, use, or similar taxes for the Merchant Products sold on the TreeStorX Platform ("Collected Taxes"). In any jurisdiction where TreeStorX is required to remit Collected Taxes as a marketplace facilitator, TreeStorX will be responsible for remitting such taxes to the appropriate tax authorities. Any Collected Taxes that are not required to be remitted under the marketplace facilitator laws will remain the responsibility of the Merchant and Merchant will be responsible for remitting any such portion of Collected Taxes to the appropriate tax authorities. In all other jurisdictions, TreeStorX will send Collected Taxes to Merchant, and Merchant will be responsible for remitting the total amount of Collected Taxes to the appropriate tax authorities of those jurisdictions. For clarity, TreeStorX will be responsible for the collection and remittance of any value added, goods and services, sales, use, or similar tax related to Customer fees for services supplied by TreeStorX, including but not limited to Delivery Fee, Service Fee, Surcharge Fee, and Small Order Fee, that TreeStorX charges to Customer.

3.3. Based on the "Billing Frequency" listed in the Rate Card, the "Software Subscription Fee" listed in the table will also apply per Active Location for hosting and maintenance of the Products.

3.4. Delivery Fees. The Parties acknowledge that the total delivery fee amount due to TreeStorX for each Delivery Order (the "Total Delivery Fee") includes the Merchant Delivery Fee plus the Customer Delivery Fee. TreeStorX will charge Merchant a Merchant Delivery Fee, the Payment Processing Fee and the Payment Processing Rate amount per Delivery Order. TreeStorX will charge the Merchant Customer a Customer Delivery Fee and the Customer Service Fee amount for each Delivery Order. As of the Effective Date of this Storefront Addendum, the portion of the Total Delivery Fee charged to the Merchant Customer shall equal the Customer Delivery Fee stated above. Notwithstanding the foregoing, the Merchant shall have the ability to adjust the portion of the Total Delivery Fee to be charged to the Merchant Customer as the Customer Delivery Fee upon notice to TreeStorX or through the Merchant Portal, as available.

3.5. Pick Up Fees. TreeStorX will charge Merchant the Merchant Pick Up Fee for Pick Up Orders (if applicable), a Payment Processing Fee and a Payment Processing Rate per Pick Up Order as listed above.

3.6. Payment Processing. TreeStorX will withhold the Storefront Fees from Merchant via Merchant's Stripe Connected Account. Merchant acknowledges it is required to have a Merchant Stripe Connected Account for its payments processing services.

3.7. California Merchant Location(s). For Merchant Location(s) in California, USA, TreeStorX will add a service fee surcharge to orders placed with any of Merchant's stores that are located in California to account for increases in TreeStorX operating expenses due to Proposition 22.

3.9. Merchant Customer Fee Refunds. The Fee for a Merchant Customer order cancelled after a Courier has been dispatched is non-refundable.

3.10. Redelivery. Merchant Customer orders requiring redelivery due to Merchant's error, including Merchant personnel providing an incorrect or incomplete order to the Courier, are subject to Fees as a separate delivery.

3.11. Support. Merchant will have access to TreeStorX's support services if any issues, questions, or concerns relating to deliveries arise.

3.12. Chargeback Coverage. Notwithstanding the foregoing and absent Merchant's fraud, TreeStorX shall not charge Merchant for chargebacks.

3.13. Tips. Merchant will distribute tips provided by Merchant Customers in accordance with applicable law. In addition to its obligations set forth in the Agreement, Merchant agrees to defend, indemnify and hold harmless TreeStorX from and against Losses arising out of Merchant's failure to distribute tips to Merchant's delivery personnel or as otherwise required by applicable law.

4.1. Access and Use Rights. Subject to the terms and conditions of the Agreement and this Storefront Addendum (including TreeStorX's receipt of applicable fees), TreeStorX grants Merchant, under TreeStorX's intellectual property rights in and to the applicable Storefront Product, a non-exclusive, non-transferable, non-sublicensable license to access and use the Storefront Products and receive the Services in accordance with this Storefront Addendum during the applicable Term. The license granted under this Storefront Addendum to use the Storefront Products and receive the Services shall apply automatically to any store Merchant adds to the TreeStorX Marketplace, unless Merchant expressly removes any store through the Merchant Portal or request in writing (which can be sent to Storefronthelp@TreeStorX.com) that TreeStorX remove any store.

4.2. Restrictions. The access and use rights set forth in Section 4.1 do not include any rights to, and Merchant will not, with respect to any TreeStorX Product (or any portion thereof): (a) alter, translate and/or create derivative works of or otherwise modify a TreeStorX Product without TreeStorX's permission; (b) sublicense, distribute or otherwise transfer a TreeStorX Product to any third party; (c) allow third parties to access or use a TreeStorX Product (except as expressly permitted herein); (d) create public Internet "links" to a TreeStorX Product or "frame" or "mirror" any TreeStorX Product content on any other server or wireless or Internet-based device; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code (if any) for a TreeStorX Product (except to the extent that such prohibition is expressly precluded by applicable law), circumvent its functions, or attempt to gain unauthorized access to a TreeStorX Product or its related systems or networks; (f) remove or alter any notice of proprietary right appearing on a TreeStorX Product; (g) use any feature of TreeStorX APIs for any purpose other than in the performance of this Storefront Addendum; or (h) cause, encourage or assist any third party to do any of the foregoing. Merchant agrees to use a TreeStorX Product in accordance with laws, rules and regulations directly applicable to Merchant.

4.3. Installation and User Accounts. Merchant shall notify TreeStorX if Merchant learns of any unauthorized access or use of Merchant's user accounts or passwords for a TreeStorX Product.

4.4. Services. Services will commence on a mutually agreed upon date. With respect to Services performed on a time and materials basis, TreeStorX will notify Merchant of any overages of estimated timelines and obtain Merchant's consent prior to incurring any overages. Services performed on a fixed fee basis are limited to the scope of services stated hereunder.

4.5. Data Use.

• 4.5.1. Merchant Customer Data. TreeStorX shall process such Merchant Customer Data solely for the purposes set forth in this Storefront Addendum and for the benefit of Merchant as part of the Services, unless otherwise required or permitted by law. Merchant agrees to use Merchant Customer Data that it receives (a) in compliance with the privacy policy set forth in Exhibit A (the "Privacy Policy") and (b) in compliance with applicable law, including, without limitation, the Telephone Consumer Protection Act (the "TCPA"), and (c) shall not use TreeStorX's name or logo in such outreach. TreeStorX will not be responsible for Merchant's failure to comply with its obligations in this Section 4.5 with respect to any Merchant Customer Data.

• 4.5.2. Consumer Terms and Conditions and Privacy Policy. TreeStorX will provide hyperlinks on Storefront Product webpages to the Privacy Policy substantially in the form attached as Exhibit A and consumer terms and conditions substantially in the form attached as Exhibit B ("Consumer Terms and Conditions"), which will inform Merchant Customers how their information will be processed by Merchant (referred to in both documents as "Company") and by TreeStorX. Merchant is responsible for obtaining and maintaining valid consent for TreeStorX to process consumer data as required for Merchant's use of the Services and for ensuring that the Privacy Policy and Consumer Terms and Conditions comply with applicable law and must review and, where necessary, amend these documents. TreeStorX assumes no liability for the compliance of the Privacy Policy and Consumer Terms and Conditions provided herein. TreeStorX will insert Merchant's name and contact information in the Privacy Policy and Consumer Terms and Conditions. Except for the provisions preceding Section 1, including those pertaining to arbitration and limitation of liability, Merchant should otherwise edit the Privacy Policy and Consumer Terms and Conditions provided by TreeStorX either in the Merchant Portal if available, or by providing an edited copy of the updated Privacy Policy and Consumer Terms and Conditions to TreeStorX at least five (5) days in advance of the launch date.

• 4.5.3. Effect of Termination. Upon termination of this Storefront Addendum or the Sign-Up Sheet for any reason other than Merchant's material breach, Merchant may request a copy of the Merchant Customer Data associated with Merchant's orders, subject at all times to the restrictions set forth in Section 4.5.1. Such request must occur within thirty (30) days of the termination effective date.

• 4.5.4. Restrictions. TreeStorX shall not use Merchant Customer Data for marketing or promotional purposes.

• 4.5.5. Personnel. Merchant will be solely responsible for all acts and omissions of its personnel, including, without limitation, breach of the terms of this Storefront Addendum applicable to such personnel. TreeStorX is not responsible for any acts or omissions of Merchant or Merchant's personnel with respect to their usage of Merchant Customer Data.

4.6. Third Party Services. Merchant is responsible for obtaining and maintaining all telecommunications, broadband, computer equipment, and services needed to access and use the Storefront Product and for paying all charges related thereto.

5.1. TreeStorX's Intellectual Property. Storefront Products are licensed, not sold. TreeStorX owns and retains all right, title and interest (including all intellectual property rights) in and to the Storefront Product and enhancements to the Storefront Product.

5.2. Remedies. If a claim of infringement of any third party intellectual property rights arises, the Indemnifying Party may at its expense and sole discretion: (a) procure the right to allow the Indemnified Party to continue using the applicable TreeStorX Product; (b) modify or replace the applicable TreeStorX Product to become non-infringing; or (c) if neither (a) nor (b) is commercially practicable, terminate Merchant's license or access to the affected portion of applicable TreeStorX Product and refund a portion of the pre-paid, unused software and Services Fees paid by Merchant corresponding to the unused period of the License Term.

5.3. Exclusions. TreeStorX shall have no obligations to indemnify Merchant for claims of infringement of third party intellectual property rights if the claim is based upon or arises out of: (a) any modification to the applicable TreeStorX Product not made by TreeStorX, (b) any combination or use of the applicable TreeStorX Product with or in any third-party software, hardware, process, firmware, or data, to the extent that such claim is based on such combination or use, and/or (c) Merchant's use of the TreeStorX Product outside the scope of the rights granted under this Storefront Addendum.

6.1. Warranties.

• 6.1.1. Product Warranty. TreeStorX warrants that it has used industry standard techniques to prevent the Storefront Products at the time of delivery from injecting malicious software viruses into Merchant's endpoints where the Storefront Products are installed.

• 6.1.2. Services Warranty. TreeStorX warrants to Merchant that it will perform all Services in a professional and workmanlike manner consistent with generally accepted industry standards. Merchant's remedy for a breach of this warranty will be for TreeStorX, at its option and expense, to (a) use commercially reasonable efforts to re-perform the non-conforming Services, or (b) refund the portion of the fees paid attributable to the non-conforming Services. If TreeStorX cannot correct the breach within thirty (30) days from receipt of notice, then Merchant may terminate the remainder of the term of this Storefront Addendum and receive a refund of Fees paid for nonconforming or unperformed Services.

• 6.1.3. Exclusions. The express warranties do not apply if the applicable Storefront Product or Service (a) has been modified, except by TreeStorX, or (b) has not been installed, used or maintained in accordance with this Storefront Addendum or the Agreement.

This Storefront Addendum may be terminated pursuant to the terms of the Terms of Service. In the event of termination, pre-paid fees shall not be refunded.

Upon termination of this Storefront Addendum for any reason: (i) all Merchant's access and use rights granted in this Storefront Addendum will immediately terminate; (ii) Merchant must promptly cease all use of the Storefront Product; and (iii) each Party shall destroy the other Party's data and Confidential Information within thirty (30) days and certify to the other Party as to the completion thereof upon request. Sections 3, 4, 5 and 6, as well as any other sections or provisions that, by their nature, should extend beyond the term of this Storefront Addendum, shall survive expiration or termination of this Storefront Addendum for any reason.