Mobile App End User License Agreement

User Acknowledgment
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU:
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
(B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND
(C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.

Last Updated: February 12, 2025

This End User License Agreement (“Agreement” or “EULA”) is a legal
agreement between you (“User” or “you”), and Chubby Club LLC (“Company,” “we,” “our,” or “us”), its parent company, and affiliated subsidiaries regarding your use of the Chubby Club mobile application (“App”). By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, install, or use the App.

1. ACCESS GRANT & RESTRICTIONS
Subject to the terms of this Agreement, the Company grants you a non- exclusive, non-transferable, revocable, limited license to access and use the App for your personal, non-commercial use. This license does not constitute a sale of the App or any of its components. This license does not grant you any ownership rights to the software, and all rights not expressly granted herein are reserved by the Company and its licensors. Your right to use the App is subject to compliance with this Agreement and may be revoked at any time. You agree not to copy, reproduce, distribute, modify, or create derivative works based on the App except as expressly permitted by this Agreement. You may not reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent permitted by applicable law. Sharing, sub-licensing, or selling accounts or membership benefits is strictly prohibited.

Exploiting promotions, discounts, or membership perks in unintended ways is not allowed. Scraping data, engaging in automated account creation, or misusing referral codes is prohibited. Removing, disabling, or circumventing any security features or using the App for unlawful or fraudulent purposes is not permitted. Company and its licensors reserve all rights not expressly granted to the user.

2. USER ACCOUNTS & ROLES
Users (“Members”) may create accounts to collect and redeem loyalty points by scanning receipts at participating businesses. Membership benefits, including reward eligibility, are subject to change at the Company’s discretion without prior notice. Each User is permitted only one membership account, and account sharing is strictly prohibited. Users are responsible for maintaining the accuracy of their account information and verifying any necessary details as required by the Company. The Company may refuse membership benefits or terminate an account if false information is provided or if there is a violation of these terms. Memberships are non-transferable and may not be assigned or sold to any other person or entity.

Participating businesses (“Business Participants”) may manage their profiles, including location details, redeemable items, and photos. Business Participants are prohibited from accessing or modifying customer points or personal data. Staff accounts may be created for operational purposes and must comply with the App’s guidelines.

3. SUBSCRIPTIONS & PAYMENTS
While the App is free to download, Users may opt to purchase paid memberships to access additional benefits. Payments are processed through third-party payment processors such as Apple Pay, Google Pay, or direct credit card input. The Company does not store full credit card details. Memberships automatically renew unless canceled prior to the renewal date. Refund policies are governed by our Terms & Conditions.

4. THIRD-PARTY BUSINESS DISCLAIMER
Company is not responsible for any failure by a Business Participant to honor a perk, promotion, or redemption offer. Users acknowledge that the Company does not control or guarantee the availability of any third-party rewards or services and is not liable for disputes arising between users and Business Participants.

5. TERM AND TERMINATION
The term of this Agreement commences when you download/install the Application and will continue in effect until terminated by you or Company as set forth in this Section 5. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

Termination will not limit any of Company’s rights or remedies at law or in equity.

6. UPDATES
Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(i) the Application will automatically download and install all available Updates; or
(ii) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

7. DATA COLLECTION & PRIVACY
You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. The Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

The App collects user data, including transaction details and payment method information; however, full credit card details are not stored. Payment processing is managed by third-party processors in accordance with our Privacy Policy. Users acknowledge and consent that the App may automatically collect information to enhance service functionality. By using the App, you agree to this data collection and processing.

The Company may also use your personal information, including but not limited to your name, email address, phone number, transaction history, and location data, for marketing and promotional purposes. This may include sending you emails, text messages, push notifications, or other electronic communications about offers, promotions, new features, and services from the Company or its partners. You acknowledge and agree that the Company may use location- based services to tailor push notifications or marketing communications relevant to your location. You can manage push notification preferences through your device settings and may opt out of marketing emails or text messages at any time by following the opt-out instructions provided in such communications or by contacting us directly. Your use of the App constitutes your consent to receive such communications, subject to your opt-out rights.

8. DISCLAIMER OF WARRANTIES
THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE

MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, THE COMPANY MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS, TYPOS, MISPRINTS, OR OTHER INACCURACIES IN THE APP OR ASSOCIATED MATERIALS. COMPANY WILL NOT BE LIABLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY OTHER MEMBER, A THIRD PARTY, OR PROGRAM PARTNER, INCLUDING ANY PARTNERʼS LOYALTY OR REWARDS PROGRAM. ALL DECISIONS MADE BY THE COMPANY REGARDING THE APPLICATION, INCLUDING MEMBERSHIP ELIGIBILITY, POINT ACCRUAL, REDEMPTIONS, AND PROMOTIONS, ARE FINAL.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

10. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Application.

11. SEVERABILITY
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

12. GOVERNING LAW & DISPUTE RESOLUTION
This Agreement is governed by the laws of Nevada, without regard to its conflict of law principles. Disputes arising from this Agreement shall be resolved through arbitration, unless prohibited by applicable law. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. ENTIRE AGREEMENT
This Agreement, along with our Privacy Policy and Terms & Conditions, constitutes the entire agreement between you and Company with respect to the Application and supersedes all prior or contemporaneous understandings and agreements.

14. WAIVER
No failure to exercise, and no delay in exercising, any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power preclude further exercise. In the event of a conflict between this Agreement and any other applicable terms, this Agreement shall govern.

15. CONTACT INFORMATION
For questions or concerns about this EULA, contact us at support@chubbygroup.com.