The following terms and conditions shall apply to Restaurant’s usage of ChowNow’s catering services (collectively, the “Catering Terms”). All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the General Terms.

1. Access to Catering.

Subject to the terms and conditions of the Agreement, ChowNow hereby grants to Restaurant during the Term a limited, non-exclusive, and non-transferable (except as permitted under the General Terms) right to authorize Users to access and use the Platform for catering. The Platform is accessed via the Branded Apps, the Restaurant’s website, and/or via the Plugin. Restaurant shall be responsible to ChowNow for any and all acts and omissions of its Users and any other person who accesses and uses the Platform using any of User’s login credentials. The Platform may be modified by ChowNow from time to time. Without limiting the generality of the foregoing, ChowNow reserves the right to change the availability of any feature, function, or content relating to the Platform, at any time, without notice or liability. During the Term, the iOS Branded Apps shall be under Restaurant’s developer account with Apple, and upon termination of the Agreement, ChowNow shall disconnect the Branded Apps from the Platform and remove them (or direct Restaurant to remove them) from the applicable distribution platform (e.g., the iOS Branded Apps shall be removed from Apple’s App Store).

2. ChowNow Widget.

In order to integrate Restaurant’s website with the Platform, Restaurant hereby grants ChowNow the right, during the Term, to embed the ChowNow widget in Restaurant’s website. To the extent that Restaurant has a web developer that is capable of integrating the ChowNow widget, Restaurant may authorize that person to do so. To the extent permission to do so is required from a third party acting on Restaurant’s behalf (e.g., Restaurant’s hosting provider, webmaster, etc.), Restaurant will assist ChowNow in promptly obtaining such permission and providing ChowNow any necessary access credentials. Restaurant shall promptly, and within no more than three (3) business days, inspect the installation of the ChowNow widget on Restaurant’s website and notify ChowNow in writing if Restaurant is not satisfied with the installation.

3. Catering Services Term and Termination.

If Restaurant opts in to ChowNow’s catering services, these Catering Terms will apply for the duration of the Restaurant’s selected plan type, unless services are opted out in accordance with the terms of this Section 3. Restaurant may add new locations at any time during the Term on notice to ChowNow, including through the Platform, via e-mail, or by phone. Restaurants may opt out of the catering services by turning off functionality on the Platform, or by contacting ChowNow customer support at [email protected].

4. Hibernation Period.

At any time during the Term, Restaurant may, upon written notice to ChowNow, temporarily pause its catering services for a period of up to six (6) months (the “Hibernation Period”). Restaurant shall be responsible for certain de-activation and re-activation fees associated with the Hibernation Period, including, without limitation, the cost of shipping leased equipment (including Tablets, LTE Tablets, and Wireless Printers) to ChowNow during the Hibernation Period and back to Restaurant upon expiration of the Hibernation Period.

5. Fees.

For a Restaurant that opts into catering services, a variable percentage fee based on volume and usage shall be payable by Restaurant to ChowNow on each Subtotal, calculated by multiplying the percentage by each Subtotal. In no event shall the fee exceed five percent (5%).

6. Canada’s Anti-SPAM Legislation.

If Restaurant is located in Canada, Restaurant is responsible for ensuring that all electronic communications between Restaurant and its Customers comply with Canada’s Anti-Spam Legislation (“CASL”), including, but not limited to, any electronic messages sent to Customer email addresses accessed through Restaurant’s dashboard. ChowNow does not represent that it has obtained the consent of any Customer to receive marketing and promotional messages, and Restaurant is solely responsible for ensuring compliance with CASL for any electronic messages Restaurant sends to Customers. If Restaurant is not located in Canada, please note that this Section 6 shall not apply.