GRUBBRR™ TRIAL OFFER AGREEMENT

IMPORTANT-PLEASE READ THIS TRIAL OFFER AGREEMENT CAREFULLY AS IT GOVERNS THE TRIAL OFFER PROCEDURES AND RETURN POLICIES. YOUR ACCEPTANCE OF THIS TRIAL OFFER AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING THIS DOCUMENT, INDICATES YOUR AGREEMENT TO THE TERMS HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS IN THIS TRIAL OFFER AGREEMENT, YOU MUST NOT ENTER INTO THIS TRIAL OFFER AGREEMENT.

This offer is for a one-time trial of the Grubbrr Kiosk and related equipment, as well as the corresponding software, as detailed below (the “Trial Offer”). To participate in the Trial Offer, in addition to this Trial Offer Agreement, You will complete and execute the following documents: 1) Grubbrr Hardware/Software Purchase Form (the “Order Form”); 2) Merchant Services Application and Agreement; 3) Equipment Lease Agreement; and 4) Delivery and Acceptance Forms (collectively, the “Agreements”). Upon completion and execution of the Agreements and a non-refundable payment of $299.90 by You to Grubbrr, Grubbrr will provide You with one (1) Grubbrr Indoor Kiosk; one (1) Floor Stand; one (1) Receipt Printer; one (1) Kitchen Printer (collectively, the “Equipment”); and the corresponding Grubbrr Software (the “Software”). You will also receive ten (10) hours of technical support. Any additional equipment and/or technical support is not included in the Trial Offer.

Grubbrr believes in the functionality and practicality of its Equipment and Software; however, if you are not completely satisfied, You have thirty (30) days from receipt of the Equipment to initiate a return. To initiate a return:

  1. Please visit https://touchsuite.com/grubbrr/kiosk-returns/ (the “Online Form”) and complete the Online Form.
  2. Once You complete and submit the Online Form, Grubbrr will provide You with a FedEx pre-paid shipping return label via email within one (1) business day.
  3.  Please package the Equipment in the original boxes, containing all original parts.
  4. Drop off the packaged Equipment to a FedEx location.
  5. The Equipment must be received by Grubbrr within ten (10) days of Grubbrr providing the FedEx pre-paid shipping return label. Receipt of the Equipment is subject to Force Majeure occurrences (as defined below).

Please note the Equipment must be received by Grubbrr in resellable condition, as defined below. You will receive an email from Grubbrr within thirty (30) days of receipt of the Equipment indicating whether the returned Equipment is in resellable condition. In the event Grubbrr does not receive the Equipment by the tenth (10th) day, except for Force Majeure occurrences, or the Equipment is not in resellable condition, You authorize payment for the balance of the Equipment’s MSRP, via credit card or ACH payment, as indicated on the Order Form. Please note that Your access to the Software will be terminated once Grubbrr receives notification the Equipment is in the possession of FedEx.

In the event You do not initiate a return within thirty (30) days of receipt of the Equipment, You understand You are responsible for the entire lease amount, as specified by the Equipment Lease Agreement and Delivery and Acceptance Forms, which commences at the conclusion of the thirty (30) day Trial Offer.

All other terms and conditions not contained herein, but in the Agreements, remain in full force and effect.

*Resellable condition means the Equipment is in the original packaging, packaged just as received, including all original parts and components, undamaged.

*Force Majeure occurrences include, but are not limited to, an act of war, hostility, or sabotage; act of God; electrical, internal, or telecommunication outage not caused by You; or other event outside the reasonable control of You or Grubbrr.