Restaurant Participation Agreement

Last Updated: March 26, 2026

This Restaurant Participation Agreement (this "RPA") is a binding contract between Business (defined below) and TinyGiantLabs LLC, doing business as Munch ("Munch"). This RPA sets forth the terms pursuant to which Business may be permitted to use or access certain technology made available by Munch that powers direct online ordering, website hosting, mobile applications, marketing tools, and loyalty programs, and provides restaurants with information relating to those orders (the "Platform" and the Platform, together with any services provided to Business by or on behalf of Munch in connection with Business's use of the Platform, the "Service").

ACCEPTING THIS RPA, EITHER BY CLICKING A BOX INDICATING BUSINESS'S ACCEPTANCE, ACCESSING OR USING ANY PART OF THE SERVICE, OR OTHERWISE AFFIRMATIVELY INDICATING BUSINESS'S ACCEPTANCE OF THIS RPA, YOU, THE INDIVIDUAL ACCEPTING THIS RPA: (i) AGREE TO THIS RPA ON BEHALF OF THE ORGANIZATION, COMPANY, OR OTHER LEGAL ENTITY FOR WHICH YOU ACT ("Business") AND (ii) REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND BUSINESS TO THIS RPA. IF YOU DO NOT HAVE SUCH AUTHORITY, OR DO NOT AGREE WITH THE TERMS OF THIS RPA, YOU MUST NOT ACCEPT THIS RPA AND NEITHER YOU NOR THE BUSINESS MAY USE OR ACCESS THE SERVICE.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, Business agrees that disputes arising under this RPA will be resolved by binding, individual arbitration, and BY ACCEPTING THIS RPA, BUSINESS AND MUNCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

The Service enables patrons and prospective patrons of restaurants ("Customers") to access and use Business websites, mobile applications, and online ordering systems powered by the Platform (collectively "Business Properties") and order and pay for items from those restaurants.

1. Material Terms

As provided in greater detail in this RPA, Business acknowledges the following:

2. Fees and Payment

2.1 Subscription Fees

Munch may charge Business a recurring subscription fee for access to the Service as indicated on Munch's then-current pricing page ("Subscription Fee"). Subscription Fees are billed in advance on a monthly or annual basis, as selected by Business, and are non-refundable except as otherwise provided in this RPA.

2.2 Transaction Fees

Munch may charge Business a per-transaction fee or a percentage of each order processed through the Platform ("Transaction Fee") as indicated on the pricing page. Transaction Fees are deducted from each order settlement.

2.3 Setup Fees

Munch may charge Business a one-time setup fee when Business starts using the Service ("Setup Fee"). Setup Fees are non-refundable.

2.4 Payment Processing

Business authorizes Munch and its third-party payment processors to charge all applicable fees to the payment method Business provides upon registration. Business agrees to keep its payment information current and accurate.

3. Use of the Service

3.1 Authorization

Subject to Business's compliance with this RPA, Munch grants Business a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for the purpose of operating Business's restaurant(s) through the Service.

3.2 Restrictions

Business shall not: (a) sublicense, sell, resell, transfer, assign, or distribute the Service; (b) modify, copy, or create derivative works based on the Service; (c) reverse engineer or access the Service to build a competitive product or service; (d) use the Service to send spam or otherwise duplicative or unsolicited messages; or (e) use the Service in violation of any applicable law or regulation.

4. Business Obligations

Business shall: (a) comply with all applicable federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food; (b) maintain all required licenses, permits, and registrations; (c) ensure that all menu information, pricing, and descriptions provided through the Platform are accurate and current; (d) respond promptly to Customer orders received through the Platform; and (e) maintain food safety and quality standards.

5. Customer Data

Business acknowledges that Customer data collected through the Platform is subject to Munch's Privacy Policy. Munch may share Customer data with Business solely for the purpose of fulfilling orders and managing Business's relationship with its Customers. Business shall not sell, share, or use Customer data for any purpose other than as permitted by this RPA and applicable law.

6. Intellectual Property

Munch owns all right, title, and interest in and to the Platform, including all related intellectual property rights. Business is granted only the limited license rights expressly set forth in this RPA. Munch may use Business's name, logo, and trademarks solely in connection with providing the Service and for marketing purposes related to Munch's platform.

7. Website and Mobile App

As part of the Service, Munch may create and host a website and/or mobile application for Business ("Business Properties"). Business Properties are owned by Munch and licensed to Business for the duration of this RPA. Upon termination of this RPA, Business's access to Business Properties will be discontinued.

8. Marketing and Loyalty Programs

Munch may provide Business with access to marketing tools, automated campaigns, and loyalty programs through the Platform. Business is solely responsible for the content of any marketing communications sent on its behalf and for obtaining any required consents from Customers.

9. Term and Termination

9.1 Term

This RPA commences on the date Business accepts this RPA and continues until terminated by either party.

9.2 Termination

Either party may terminate this RPA at any time upon thirty (30) days' prior written notice to the other party. Munch may terminate this RPA immediately if Business breaches any material provision of this RPA.

9.3 Effect of Termination

Upon termination: (a) Business's access to the Service will cease; (b) any outstanding fees owed by Business will become immediately due and payable; and (c) Sections 6, 10, 11, 12, and 18 shall survive termination.

10. Disclaimers

THE SERVICE AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. MUNCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MUNCH'S TOTAL AGGREGATE LIABILITY TO BUSINESS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS RPA SHALL NOT EXCEED THE TOTAL FEES PAID BY BUSINESS TO MUNCH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL MUNCH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Indemnification

Business shall indemnify, defend, and hold harmless TinyGiantLabs LLC, d/b/a Munch, and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses arising out of or related to: (a) Business's use of the Service; (b) Business's breach of this RPA; (c) Business's violation of any applicable law; or (d) any claim by a Customer or third party arising from Business's products or services.

13. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose such information to any third party without the other party's prior written consent, except as required by law or as reasonably necessary to perform its obligations under this RPA.

14. Insurance

Business shall maintain commercially reasonable insurance coverage, including general liability and product liability insurance, throughout the term of this RPA.

15. Independent Contractors

The relationship between Munch and Business is that of independent contractors. Nothing in this RPA shall be construed to create a partnership, joint venture, employment, or agency relationship.

16. Governing Law

This RPA shall be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions.

17. Entire Agreement

This RPA, together with any applicable Order Form, the Privacy Policy, and any policies referenced herein, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications.

18. Dispute Resolution and Arbitration

Any dispute arising from this RPA shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Louisville, Kentucky. Business and Munch agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action.

19. Contact

TinyGiantLabs LLC, d/b/a Munch
Louisville, Kentucky
Phone: (855) 933-5474
Email: legal@joinmunch.com