1. Acceptance of These Terms

These Terms of Service (these “Terms”) are a binding agreement between you and Bushfire Chill LLC, a Delaware limited liability company (“Bushfire Kitchen,” “we,” “us,” or “our”), which operates the Services and the Rewards Program on behalf of itself and its affiliated companies that own and operate Bushfire Kitchen restaurants (collectively, the “Bushfire Kitchen Group”). These Terms govern your access to and use of: (a) our websites, including bushfirekitchen.com and any online ordering site we operate or that is operated on our behalf (the “Site”); (b) any Bushfire Kitchen mobile application (the “App”); (c) each order you place for food, beverages, gift cards, or merchandise through the Site or App (each an “Order,” and such items, “Products”); and (d) the Bushfire Rewards loyalty program described in Section 7 (the “Rewards Program”) (collectively, the “Services”). Each Order is a purchase from the Bushfire Kitchen Group affiliate that owns and operates the restaurant location you select, and these Terms apply to each such Order. Each member of the Bushfire Kitchen Group is an intended third-party beneficiary of these Terms with the right to enforce them.

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By accessing or using any of the Services, creating an account, placing an Order, or enrolling in or participating in the Rewards Program, you agree to these Terms. IMPORTANT: SECTION 16 CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT. SECTION 16.6 EXPLAINS HOW TO OPT OUT. If you do not agree to these Terms, do not use the Services.

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We may modify these Terms at any time by posting an updated version to the Site or App with a revised “Last Updated” date. Except as provided in Section 16.7 (changes to the arbitration provision), changes are effective when posted, and your continued use of the Services after posting constitutes acceptance. Material changes to the Rewards Program will be handled as described in Section 7.10. Our Privacy Policy, available at Bushfire Kitchen Privacy Policy and maintained separately from these Terms, describes how we collect, use, and disclose information about you, including the privacy rights and choices available to California residents. The Privacy Policy governs our information practices; in the event of any conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls.

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2. Eligibility; Accounts; Account Security

You must be at least eighteen (18) years of age to create an account, place an Order, or enroll in the Rewards Program, and you must be an individual natural person residing in the United States transacting for your own personal, non-commercial use. If you are 16 or 17 years of age (or under the age of majority in your state of residence), you may use the Services and participate in the Rewards Program only with the consent and under the supervision of a parent or legal guardian who has reviewed these Terms and agrees to be bound by them on your behalf. The Services are not directed to, and may not be used by, anyone under 16. Third-party aggregators, resellers, groups, and business entities are not eligible for accounts or the Rewards Program. By using the Services, you represent that you meet these requirements and have the legal capacity (directly or through a parent or guardian) to enter into this agreement.

You may maintain only one (1) account, which is personal to you and non-transferable. You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at customerservice@bushfirekitchen.com of any unauthorized use of your account or other breach of security. We are not liable for communications, Points, or Rewards sent to outdated contact information you have failed to update. We reserve the right to refuse registration, reclaim usernames, or decline to provide the Services to anyone at any time as permitted by law.

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3. Online Ordering — Terms of Sale

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3.1 Ordering Platform

Online ordering is provided through a platform operated by unPLUG Dining, Inc. (“unPLUG” or the “Ordering Platform”). By placing an Order, you consent to the sharing of payment and order information among Bushfire Kitchen, the Ordering Platform, and their respective payment processors as necessary to process your Order.

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3.2 Availability; Order Acceptance; Pricing Errors

All Products and Orders are subject to availability at the restaurant location you select. Menu items, prices, hours, and participation may vary by location, and a reference to a Product on the Services does not guarantee that it is or will be available at your location or at the time of your Order. Displayed prices are subject to change without notice, but a price change will not affect an Order we have already accepted. We reserve the right to limit quantities, to reject or cancel all or part of any Order, and to refuse service, in each case for any lawful reason, including suspected fraud or stolen payment credentials, pricing or descriptive errors, insufficient or erroneous billing information, unavailability, or a prior payment dispute. In the event of an error in pricing, in a Product description, in an Order confirmation, or in processing an Order, we reserve the right to correct the error and revise your Order accordingly (including charging the correct price) or to cancel the Order and refund amounts paid. Products are for personal use only and may not be resold.

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3.3 Payment; Taxes; Tips

We accept payment by major credit and debit cards and, where available, Apple Pay and Google Pay. By providing a payment method, you represent and warrant that you are authorized to use it, and you authorize us and our payment processor, Toast, Inc. (including for wallet transactions processed through it), to charge the total amount of your Order, including Product prices, applicable taxes, fees, and any tip you elect to add. If your payment method cannot be verified or is declined, your Order may be suspended or cancelled. If any portion of your Order is unavailable, we will charge only for the available portion. You are responsible for all applicable sales, use, or other governmental taxes and fees; the tax shown at checkout is an estimate and the amount actually charged may be adjusted to reflect applicable law and processor programs. Voluntary tips are not refundable except where required by law or where we cancel your entire Order.

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3.4 Pickup and Delivery

Quoted preparation, pickup, and delivery times are estimates only. For pickup Orders, you are responsible for retrieving your Order at the selected location within a reasonable time; food quality naturally degrades after preparation, and we are not responsible for Orders retrieved late.

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Direct Delivery. Where you place a delivery Order through the Site or App (“Direct Delivery”), delivery is fulfilled on our behalf by independent third-party couriers (currently through DoorDash’s white-label delivery service) rather than by our employees. Direct Delivery Orders are Orders under these Terms: our menu prices and fees apply, Section 3.5 (Order Issues and Refunds) governs any problems, and such Orders earn Points under Section 7. While we will work with you in good faith to resolve any delivery problem with a Direct Delivery Order, we are not responsible for the acts or omissions of third-party couriers, and courier arrival and delivery times are estimates only.

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Marketplace Orders. Orders placed on third-party delivery marketplaces (e.g., the DoorDash, Uber Eats, or Grubhub apps or websites) are governed by the marketplace’s terms, are not covered by this Section 3, do not earn Points (Section 7.4), and any refund or credit request for such orders must be directed to the marketplace.

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3.5 Order Issues and Refunds

Your satisfaction matters to us. If you are dissatisfied with an Order, or an Order is incorrect or incomplete, contact us at customerservice@bushfirekitchen.com or through the Services within forty-eight (48) hours of the Order and we will work with you in good faith to make it right, which may include a replacement, credit, or refund at our reasonable discretion. Except as set forth in this Section, as approved by us, or as required by applicable law, all sales are final. Refunds, where issued, will be made to the original payment method or, at our election and with your consent, as a credit or Reward.

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3.6 Catering

Catering orders may be subject to additional or different terms (including deposit, minimum, cancellation, and lead-time requirements) presented at the time of ordering. In the event of a conflict, those additional terms control for the catering order.

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4. Food Allergen and Nutrition Disclosure

Our restaurants store, prepare, cook, and serve Products that contain or may come into contact with the nine major U.S. food allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame) and other allergens. Our kitchens use shared preparation and cooking areas and equipment, including shared grills and fryers, and despite reasonable precautions we cannot guarantee that any Product is free of any allergen or that cross-contact will not occur. You are solely responsible for knowing your own food allergies, sensitivities, and dietary restrictions, for reviewing available ingredient and allergen information, for notifying restaurant staff of any allergy, and for verifying Products before consuming them. Nutritional information, where provided, is based on standardized recipes and serving sizes; actual values may vary due to portioning, substitutions, seasonal sourcing, and preparation. Nutrition and ingredient information is provided for general informational purposes only and is not medical advice.

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5. Gift Cards

Bushfire Kitchen gift cards may be sold in physical or electronic form and are redeemable only for food and beverage purchases at participating Bushfire Kitchen locations and, where enabled, through the Services. Gift cards are sold through a third-party gift card provider, eCard Systems LLC, and purchases of digital gift cards are processed by Stripe, Inc.; by purchasing a gift card you also agree to the provider’s and Stripe’s applicable terms, and you consent to the sharing of payment and purchase information among Bushfire Kitchen, the provider, and Stripe as necessary to process the purchase. Gift cards: (a) do not expire and are not subject to dormancy, inactivity, or service fees; (b) are not redeemable for cash, except that, as required by California law, any gift card with a remaining balance of less than ten dollars ($10.00) is redeemable in cash upon request; (c) may not be resold, transferred for value, redeemed for more than face value, or used for unauthorized advertising, sweepstakes, or promotional purposes; (d) may not be used to purchase other gift cards; and (e) are not replaceable or refundable if lost or stolen — treat your gift card like cash. We are not responsible for electronic gift cards that are undeliverable or not received due to inaccurate recipient information provided by the purchaser or due to spam filtering. Gift card purchases do not earn Points, and Orders paid with gift cards earn Points only as described in Section 7. No more than one thousand dollars ($1,000.00) in gift cards may be purchased by any person in a single day, and we may impose further limits on gift card purchases at any time. For corporate or bulk gift card inquiries, contact customerservice@bushfirekitchen.com.

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6. Promotional Codes and Offers

We may offer discounts, promotional codes, limited-time offers, or other benefits (“Promo Codes”), subject to any additional terms presented with the offer. Unless otherwise stated: Promo Codes are limited to one use per person; are valid only for the intended audience and purpose and only when obtained through official Bushfire Kitchen channels; may not be duplicated, sold, transferred, or made available to the general public; have no cash value; may not be combined with other offers, discounts, or Reward redemptions; expire on the date stated or, if none, one hundred twenty (120) days after issuance; and may be modified or disabled by us at any time without liability. If offer-specific terms conflict with these Terms, the offer-specific terms control for that offer.

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7. Bushfire Rewards Program

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7.1 Enrollment

The Rewards Program is offered at our sole discretion to eligible individuals (Section 2) who enroll by creating an account through the Site or App and joining the Rewards Program (each a “Member”). Enrollment is free and no purchase is necessary to enroll. The Rewards Program is intended for personal, non-commercial use only, is subject to all applicable laws and regulations, and is void where prohibited. We may delay enrollment pending verification of eligibility.

New Member Offer. New Members whose first qualifying purchase after enrollment totals fifteen dollars ($15.00) or more (excluding taxes, tips, and fees) will receive a five dollar ($5.00) credit toward their second qualifying purchase of fifteen dollars ($15.00) or more (excluding taxes, tips, and fees). The credit will be added to the Member’s account approximately four (4) hours after the first qualifying purchase and expires fourteen (14) days after it is issued. Limit one (1) New Member Offer per person and per account. The credit has no cash value, may not be combined with other offers, Promo Codes, or Reward redemptions, is not valid on third-party marketplace or catering orders, and may be modified or discontinued for future enrollees at any time.

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7.2 Earning Points

Members earn ten (10) points (each a “Point”) for every one dollar ($1.00) of eligible spend (excluding taxes, tips, fees, gift card purchases, and donations) on qualifying purchases made through the Site or App while signed into the Member’s account, or in-restaurant where the Member identifies their account at checkout by providing the phone number or email address associated with the account before payment is completed. We may offer additional ways to earn Points — such as bonus promotions, challenges, or milestones — subject to the specific terms presented with each opportunity. Points are typically credited immediately after a qualifying transaction, though posting may occasionally be delayed for verification or technical reasons. To earn Points, qualifying purchases must be paid with cash, a valid credit or debit card, a mobile wallet, or a valid Bushfire Kitchen gift card; amounts paid using promotional currency, Promo Codes, or redeemed Rewards do not earn Points. Each account is limited to three (3) qualifying purchases per day, and multiple menu items purchased in a single transaction count as one qualifying purchase. Points are tracked and allocated by us or our service providers, and our records and good-faith determinations regarding Points and Rewards are final and binding to the fullest extent permitted by law. Eligibility to receive Points is subject to verification at all times.

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7.3 Missing Points; Verification; Reversals

Points are awarded only when your account is identified at the time of purchase as described in Section 7.2. Purchases made without identifying your account — including guest checkouts and in-restaurant purchases where no account phone number or email is provided before payment — are not eligible for retroactive Point credit. If Points from a qualifying purchase on which your account was identified do not appear within seven (7) days, contact us at customerservice@bushfirekitchen.com with your receipt or order number within thirty (30) days of the transaction; requests received after that window may not be honored. We may require supporting documentation and may delay crediting Points in order to validate a transaction. Points associated with a returned, refunded, cancelled, or disputed transaction will be reversed, and any attempt to earn Points through purchase-and-refund activity is grounds for termination under Section 7.9.

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7.4 Exclusions

Points are not earned on: orders placed through third-party delivery marketplaces (including DoorDash, Uber Eats, Grubhub or Postmates); catering orders (unless we expressly state otherwise); purchases of alcohol; purchases of gift cards; taxes, tips, service fees, delivery fees, bag fees, or other fees; donations; cancelled or refunded orders; or the portion of any transaction paid using a redeemed Reward, unless we expressly specify otherwise for a given promotion. Points, Rewards, and other Rewards Program benefits may not be redeemed for, applied to, or used to discount alcoholic beverages, in compliance with applicable alcoholic beverage control laws.

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7.5 Point Expiration; Inactive Accounts

Each Point expires, and is forfeited if unredeemed, three hundred sixty-five (365) days after the date it is credited to your account, regardless of any other activity on your account. In addition, accounts with no qualifying activity for twenty-four (24) consecutive months may be deemed inactive and closed, with any remaining balances forfeited, following notice to the email address on file. All Points are forfeited if your account is closed by you or terminated by us, effective when the closure or termination is processed. Tier status is tracked separately from Points and resets annually as described in Section 7.7.

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7.6 Redemption

Points may be redeemed only for the reward items we make available from time to time (“Rewards”), each carrying the Point value stated in the Site or App. To redeem, you must affirmatively select a Reward as directed in the Services; Points are not applied to transactions automatically. Unless we state otherwise: one (1) Reward may be redeemed per transaction; Rewards may not be combined with other offers, discounts, or Promo Codes; Rewards must be redeemed by the Member whose account earned the Points; Rewards cannot be redeemed on third-party marketplace orders or catering orders; and the redemption value of a Reward cannot exceed the total price of the order in which it is redeemed (no cash back, credit, or carryover of excess value). Points are redeemed on a first-in, first-out basis. Unless otherwise stated at issuance, Rewards expire if not used within sixty (60) days after they are added to your account. Once Points are redeemed for a Reward they will not be re-credited, and there are no refunds, returns, or exchanges of redeemed Points, even if the Reward goes unused. Rewards may not be redeemed for or applied to alcoholic beverages.

The Reward catalog may include Bushfire Kitchen merchandise or other physical items. Physical Rewards are not shipped: they must be picked up in person by the redeeming Member at a participating Bushfire Kitchen restaurant, within the timeframe stated at redemption (or, if none is stated, within thirty (30) days), after which the Reward is forfeited without re-crediting of Points. Merchandise availability may vary by location, and Reward availability is limited and first-come, first-served. Images of Rewards are for illustration only and actual items may vary, and we reserve the right to substitute any Reward with one of comparable or greater value if a redeemed Reward becomes unavailable.

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7.7 Membership Tiers

The Rewards Program includes three membership tiers: Ember, Flame, and Family. Members start at the Ember tier upon enrollment. Tier status is based on Points earned on qualifying purchases during each “Tier Year” — the twelve-month period beginning on your enrollment date and on each anniversary of your enrollment date. Members who earn five thousand (5,000) Points during a Tier Year reach the Flame tier, and Members who earn ten thousand (10,000) Points during a Tier Year reach the Family tier. Tier upgrades take effect promptly once the applicable threshold is reached and remain in effect for the rest of that Tier Year. At the start of each new Tier Year, all Members reset to the Ember tier and re-qualify for higher tiers through Points earned during the new Tier Year. Points earned count toward tier qualification whether or not they are later redeemed; however, Points reversed due to refunds, cancellations, or disputed transactions (Section 7.3) reduce tier progress, and tier status obtained through fraud or abuse may be revoked under Section 7.9. The benefits associated with each tier are described in the Site or App and are not fixed: we may add, modify, reduce, or discontinue tier benefits, and may change tier names, qualification thresholds, and reset mechanics, at any time as described in Section 7.10. Tier status and tier benefits are promotional, have no cash value, are not transferable, and confer no vested rights.

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7.8 Nature of Points and Rewards

Points and Rewards are promotional in nature. They are not cash, property, or gift cards; have no cash value; do not represent a claim on any cash or other property; may not be transferred, exchanged, sold, bartered, auctioned, or assigned (any attempted transfer is void); and confer no vested rights. Accumulating Points does not entitle you to any particular Reward or to the continued availability of the Rewards Program or any Reward. Neither we nor our service providers are responsible for unredeemed, unused, expired, or lost Points or Rewards. If we determine that a Reward was improperly denied, your sole and exclusive remedy is issuance of that Reward or a substantially equivalent replacement.

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7.9 Fraud; Suspension; Termination of Membership

We may suspend or terminate any Member’s account and/or invalidate Points or Rewards that we determine, in our reasonable discretion, were obtained through fraud, abuse, error, use of multiple accounts, use of any bot, script, macro, or other automated means, purchase-and-refund schemes, resale or other commercial activity, activity by or on behalf of an aggregator or business entity, violation of these Terms, or other conduct inconsistent with the letter and spirit of the Rewards Program. Members whose accounts are terminated for cause forfeit all accumulated Points and Rewards and may not re-enroll without our prior written permission.

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7.10 Program Changes and Termination

We reserve the right to modify, suspend, or terminate the Rewards Program, in whole or in part — including earn rates, Reward offerings, Point values, expiration periods, and eligibility rules — at any time and in our sole discretion. For material adverse changes or program termination, we will provide reasonable advance notice via the Services or the email address on file where practicable and where required by applicable law. Program changes may affect previously accumulated Points. We will not be liable to you or to any third party for any modification, suspension, or termination of the Rewards Program.

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7.11 Privacy

Personal information collected in connection with the Rewards Program is handled in accordance with our Privacy Policy, available at Privacy Policy - Bushfire Kitchen and maintained separately from these Terms. Because the Rewards Program provides benefits in exchange for personal information, the Privacy Policy includes the disclosures required for California residents, including a Notice of Financial Incentive describing the program’s material terms, how to opt in, and how to withdraw. You may withdraw from the Rewards Program at any time by closing your account or contacting us at customerservice@bushfirekitchen.com; withdrawal results in forfeiture of accrued Points.

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8. Text Message (SMS/MMS) Terms

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (e.g. cart reminders) from Bushfire Kitchen, including text messages that may be sent using an automatic telephone dialing system and/or AI-assisted technology, to the mobile telephone number you provided when signing up or any other number that you designate. You agree that you consent to receive such messages regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Bushfire Kitchen reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Bushfire Kitchen also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

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Not all mobile devices, handsets, or carriers may be supported and our messages may not be deliverable in all areas. Messages may not be deliverable if you add digits or symbols to our phone number. Bushfire Kitchen, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

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You also agree to our Bushfire Kitchen Terms of Service and Bushfire Kitchen Privacy Policy. We may share certain information with our service providers, including Attentive Mobile Inc., as described in our Privacy Policy.

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Cancellation:

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT keyword commands and agree that Bushfire Kitchen and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Bushfire Kitchen through any other programs you have joined until you separately unsubscribe from those programs.

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Help:

Text the keyword HELP to our shortcode to return customer care contact information for messaging support.

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Customer Care:

If you require messaging support, please visit https://support.attentive.com/help/ and submit the form with details about your problem or your request for support, or email support@attentive.com.

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Contact:

This message program is a service of Bushfire Kitchen, located at 3433 Via Montebello Suite #166, Carlsbad, California 92009.

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Dispute Resolution:

This dispute resolution provision applies solely to disputes arising from the SMS program described in this Section 8 and, as to those disputes, supersedes Section 16 of these Terms.

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a.General. In the interest of resolving disputes between you and Bushfire Kitchen in the most expedient and cost effective manner, you and Bushfire Kitchen agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Bushfire Kitchen or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Bushfire Kitchen or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Bushfire Kitchen ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

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b.Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Bushfire Kitchen to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

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c.Arbitrator. Any arbitration between you and Bushfire Kitchen will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Bushfire Kitchen. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

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d.Notice; Process. If you or Bushfire Kitchen intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Bushfire Kitchen address for Notice is: 3433 Via Montebello Suite #166, Carlsbad, California 92009, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Bushfire Kitchen will make good faith efforts to resolve the claim directly, but if you and Bushfire Kitchen do not reach an agreement to do so within 30 days after the Notice is received, you or Bushfire Kitchen may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Bushfire Kitchen must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

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e.Fees. If you commence arbitration in accordance with these Messaging Terms, Bushfire Kitchen will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Bushfire Kitchen for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Bushfire Kitchen agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Bushfire Kitchen made within 14 days of the arbitrator's ruling on the merits.

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f.No Class Actions. YOU AND Bushfire Kitchen AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bushfire Kitchen agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

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g.Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Bushfire Kitchen makes any future change to this arbitration provision, other than a change to Bushfire Kitchen address for Notice, you may reject the change by sending us written notice within 30 days of the change to Bushfire Kitchen address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Bushfire Kitchen.

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h.Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

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9. Electronic Communications; Call Recording

You consent to receive communications from us electronically — including by email, text message (subject to Section 8), push notification (which you can manage in your device settings), and postings within the Services — and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You acknowledge that telephone calls with our team may be recorded or monitored for quality assurance and training purposes following disclosure, as required by California law.

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10. Intellectual Property; Limited License; Feedback

The Services and all content therein — including text, graphics, logos, images, photographs, menus, trade dress, audiovisual works, software, and the Bushfire Kitchen name and marks (collectively, “Bushfire Content”) — are owned by or licensed to Bushfire Kitchen and are protected by United States and international intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Bushfire Content solely for your personal, non-commercial use. All rights not expressly granted are reserved. You may not copy, reproduce, distribute, publicly display, modify, create derivative works from, frame, scrape, data-mine, reverse engineer, or commercially exploit the Services or Bushfire Content, or use our trademarks, without our prior written permission. Any unauthorized use terminates the license granted in this Section.

If we offer an App, we grant you a limited license to install and run it on devices you own or control for personal, non-commercial use, subject to these Terms and the terms of the app store from which you obtained it. You acknowledge that these Terms are between you and Bushfire Kitchen only — not the app store — and that the app store has no maintenance, support, or warranty obligations with respect to the App. The applicable app store and its subsidiaries are third-party beneficiaries of this paragraph with the right to enforce it.

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If you submit ideas, suggestions, proposals, or other feedback about the Services or our business (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and otherwise exploit that Feedback for any purpose without compensation, attribution, or obligation of confidentiality, and you represent that you have the rights necessary to grant this license.

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11. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you will not:

• Violate any applicable law or regulation, infringe any third party’s rights, or engage in fraudulent, deceptive, harassing, threatening, or abusive conduct;

• Use another person’s account, create an account using false information, or maintain more than one account;

• Register or use an invalid, unauthorized, or fraudulent payment method;

• Use any robot, spider, scraper, script, bot, or other automated means to access the Services, harvest data, or manipulate the Rewards Program;

• Interfere with, disrupt, overburden, or impair the Services or their security features, or attempt to gain unauthorized access to any systems, accounts, or data;

• Resell Products, Points, Rewards, or Promo Codes, or use the Services for any commercial purpose or for the benefit of any third-party aggregator or business entity; or

• Encourage or enable anyone else to do any of the foregoing.

We reserve the right to investigate suspected violations, suspend or terminate access, invalidate Points and Rewards obtained in violation of these Terms, and involve and cooperate with law enforcement.

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12. Third-Party Services and Links

The Services may contain links to, or operate in conjunction with, third-party websites, applications, platforms, and services — including the Ordering Platform, payment processors, delivery marketplaces, and app stores — that we do not control. We provide such links and integrations as a convenience only and do not endorse, warrant, or assume responsibility for any third-party services, their content, or their privacy and security practices. Your use of third-party services is at your own risk and subject to those third parties’ own terms and policies.

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13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE REWARDS PROGRAM, AND ALL BUSHFIRE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; DEFECTS WILL BE CORRECTED; THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR INFORMATION ON THE SERVICES (INCLUDING MENU, PRICING, NUTRITION, AND ALLERGEN INFORMATION) IS ACCURATE, COMPLETE, OR CURRENT. PRODUCTS YOU RECEIVE MAY VARY FROM IMAGES AND DESCRIPTIONS DISPLAYED ON THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS ANY NON-WAIVABLE WARRANTY OR CONSUMER PROTECTION RIGHT UNDER APPLICABLE LAW.

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14. Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL BUSHFIRE KITCHEN, THE OTHER MEMBERS OF THE BUSHFIRE KITCHEN GROUP, OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (INCLUDING THE ORDERING PLATFORM, PAYMENT PROCESSORS, AND PAYMENT CARD NETWORKS) (COLLECTIVELY, THE “BUSHFIRE PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, ANY ORDER, OR THE REWARDS PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL AGGREGATE LIABILITY OF THE BUSHFIRE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE REWARDS PROGRAM WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO BUSHFIRE KITCHEN THROUGH THE SERVICES IN THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100).

THE FOREGOING LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE BUSHFIRE PARTIES, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING, WHERE APPLICABLE, LIABILITY FOR DEATH OR PERSONAL INJURY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

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Release. To the fullest extent permitted by applicable law, you release the Bushfire Parties from all claims, demands, liabilities, and damages of every kind and nature, known and unknown, arising out of or relating to disputes between users or the acts or omissions of third parties in connection with the Services. If you are a California resident, you expressly waive California Civil Code § 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

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Time Limit on Claims. To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms, the Services, any Order, or the Rewards Program must be filed within one (1) year after the claim or cause of action accrues, or it is permanently barred. This limitation does not apply to claims for which a shorter or non-waivable period is prescribed by applicable law.

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15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Bushfire Parties from and against any losses, liabilities, claims, demands, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your misuse of the Services or the Rewards Program; (c) any activity under your account by you or anyone using your account; (d) content or Feedback you submit; or (e) your violation of any law or of the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense. This Section survives termination of these Terms.

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16. Dispute Resolution; Mandatory Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

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16.1 Informal Resolution First

Before initiating arbitration or any other formal proceeding, you and Bushfire Kitchen each agree to first attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any Order, or the Rewards Program (each a "Dispute") informally. The party raising the Dispute must send the other a written notice describing the nature and basis of the Dispute and the relief sought, together with the claimant's name, contact information, and account email (if any). Notices to us must be sent to Bushfire Kitchen, ATTN: Legal Disputes, 3433 Via Montebello, Suite 166, Carlsbad, CA 92009. For sixty (60) days after receipt of the notice, the parties will negotiate in good faith to resolve the Dispute. Completion of this process is a condition precedent to initiating arbitration. Applicable limitations periods are tolled during the sixty (60) day period.

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16.2 Agreement to Arbitrate

Except as expressly provided in Sections 16.3 and 16.4, you and Bushfire Kitchen agree that every Dispute — including Disputes concerning the scope, enforceability, or applicability of this arbitration agreement — will be resolved exclusively through final and binding arbitration on an individual basis, administered by JAMS, Inc. under its Streamlined Arbitration Rules & Procedures and its Consumer Arbitration Minimum Standards, and, where applicable, its Mass Arbitration Procedures and Guidelines, each, as in effect when the demand is filed, before a single arbitrator. This arbitration agreement is made in a transaction involving interstate commerce and is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). Arbitration will take place in the county where you reside or another mutually agreed location, and for claims of $10,000 or less may, at your election, be conducted on the basis of documents only, by telephone, or by videoconference. The arbitrator may award the same individualized damages and relief that a court could award to an individual, subject to these Terms, and judgment on the award may be entered in any court of competent jurisdiction. We will pay arbitration filing and administration fees to the extent required by the provider’s consumer rules and, if you demonstrate that the costs of arbitration would be prohibitive compared to litigation, we will pay the filing and hearing fees the arbitrator deems necessary to prevent that result, unless the arbitrator determines your claims are frivolous.

Notwithstanding the foregoing, disputes arising solely from the SMS program described in Section 8 are governed by the dispute resolution provisions in Section 8.

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16.3 Exceptions

Notwithstanding Section 16.2, either party may: (a) bring an individual claim in small claims court for Disputes within that court’s jurisdiction; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. Seeking such relief does not waive the right to arbitrate any other Dispute.

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16.4 Public Injunctive Relief (California)

Nothing in this Section 16 waives your right, if any, to seek public injunctive relief under California law. If a Dispute includes a claim for public injunctive relief that cannot be arbitrated under applicable law, the parties agree that the claim for public injunctive relief will be severed and stayed pending arbitration of the remaining arbitrable claims, and may thereafter be pursued only in a court of competent jurisdiction.

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16.5 Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BUSHFIRE KITCHEN EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM. If this class action waiver is found unenforceable as to a particular Dispute or requested relief, then that Dispute or relief (and only that Dispute or relief) shall be severed from arbitration and may be litigated in court, with the remainder of the Dispute proceeding in arbitration.

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16.6 Your Right to Opt Out

You may opt out of this arbitration agreement and class action waiver by sending written notice to privacy@bushfirekitchen.com with the subject line “ARBITRATION OPT-OUT,” including your name, the email address associated with your account, and a clear statement that you wish to opt out, within thirty (30) days after you first accept these Terms (or within thirty (30) days after any material change to this Section 16, as to that change). Opting out does not affect any other provision of these Terms. If you opt out, neither party will be bound by this arbitration agreement.

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16.7 Changes to This Section

We will provide thirty (30) days’ notice of material changes to this Section 16. Changes become effective thirty (30) days after notice and apply to claims not yet filed. If you do not agree to a material change, you may reject it by following the opt-out procedure in Section 16.6 within thirty (30) days of notice, in which case the prior version of this Section will continue to apply.

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17. Termination

You may close your account at any time through the Services or by contacting customerservice@bushfirekitchen.com. We may modify or discontinue the Services, and may suspend or terminate your access to the Services or your account, at any time for any lawful reason, with or without notice, including for violation of these Terms. Upon any closure or termination, your license to use the Services ends, accumulated Points and unredeemed Rewards are forfeited as described in Section 7, and amounts you owe remain due. Sections that by their nature should survive termination — including Sections 10 and 13 through 18 — survive.

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18. General Provisions

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18.1 Governing Law; Venue

These Terms and any Dispute are governed by the laws of the State of California, without regard to conflict-of-law principles, except that the arbitration agreement in Section 16 is governed by the Federal Arbitration Act. To the extent a Dispute may be brought in court under these Terms, it will be litigated exclusively in the state or federal courts located in San Diego County, California, and each party consents to the jurisdiction and venue of those courts.

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18.2 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disaster, fire, flood, adverse weather, epidemic or pandemic, government order or closure, war, terrorism, civil unrest, labor disruption, supply shortage, utility or telecommunications failure, internet or hosting outage, or denial-of-service attack.

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18.3 Severability; Waiver; Assignment; Interpretation

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force, except as provided in Section 16.5. No failure or delay in exercising any right is a waiver of it, and no waiver on one occasion waives any other provision or occasion. You may not assign these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment in violation of this Section is void; we may assign these Terms freely, including in connection with a merger, acquisition, financing, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns. Headings are for convenience only. No agency, partnership, joint venture, or employment relationship is created by these Terms.

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18.4 California Consumer Notice

In accordance with California Civil Code § 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

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18.5 Entire Agreement; Contact

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These Terms, together with the Privacy Policy and any offer-specific, catering, or Reward-specific terms presented through the Services, constitute the entire agreement between you and Bushfire Kitchen regarding the Services and supersede all prior or contemporaneous agreements on that subject. Questions about these Terms may be directed to customerservice@bushfirekitchen.com or Bushfire Kitchen, ATTN: Legal, 3433 Via Montebello, Suite 166, Carlsbad, CA 92009.

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