MyBenzie Customer Terms and Conditions of Use

MYBENZIE CUSTOMER TERMS AND CONDITIONS OF USE
Customer "Resident" Services Agreement

Version 1.0

Effective Date: August 1, 2026

ARTICLE I—ACCEPTANCE OF TERMS

Section 1.1 – Agreement

Welcome to MyBenzie.

These Customer Terms and Conditions of Use ("Agreement") constitute a legally binding agreement between you ("Customer," "you," or "your") and Schunot Miller, Inc., doing business as MyBenzie ("MyBenzie," "we," "our," or "us"), governing your access to and use of the MyBenzie website, mobile applications, ordering platform, customer support services, and all related products and services (collectively, the "Platform").

By creating an account, placing an order, browsing the Platform, purchasing products or services, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement, our Privacy Policy, and any additional policies referenced herein.

If you do not agree to all terms contained in this Agreement, you must immediately discontinue use of the Platform.

Section 1.2 – Changes to this Agreement

MyBenzie reserves the right to modify, revise, update, replace, or amend this Agreement at any time to reflect changes in our services, applicable law, technology, business practices, or operational requirements.

When material changes are made, MyBenzie will make reasonable efforts to notify Customers through one or more of the following methods:

• Email notification;
• Mobile application notification;
• Website notice;
• Updated revision date; or
• Other commercially reasonable means.

Continued use of the Platform after changes become effective constitutes acceptance of the revised Agreement.

Section 1.3 – Eligibility

To use the Platform, you represent and warrant that:

a. You are at least eighteen (18) years of age, or the age of majority under applicable law.

b. You possess legal capacity to enter into binding contracts.

c. All information you provide is truthful, accurate, and complete.

d. You will promptly update information when necessary.

e. You are not prohibited from using the Platform under any applicable law.

If MyBenzie determines that any information is false, misleading, fraudulent, or materially inaccurate, we reserve the right to suspend or permanently terminate your account.

Section 1.4 – Scope of Services

MyBenzie operates an online technology platform that connects Customers with participating restaurants, retailers, grocery providers, pharmacies (where legally permitted), service providers, and independent delivery contractors ("Delivery Captains").

Unless expressly stated otherwise, MyBenzie is not the manufacturer, restaurant, retailer, merchant, or producer of products offered through the Platform.

Products are sold by participating merchants.

Delivery services are facilitated through the MyBenzie Platform.

Section 1.5 – Independent Businesses

Each participating merchant remains independently responsible for:

• Product quality
• Food preparation
• Product safety
• Packaging
• Allergens
• Inventory
• Pricing (unless otherwise agreed)
• Compliance with applicable laws

MyBenzie does not inspect, prepare, cook, package, or alter merchant products.

Section 1.6 – Independent Delivery Captains

Delivery services are performed by independent contractors who choose when, where, and whether to accept delivery opportunities.

Delivery Captains are not employees of MyBenzie unless expressly stated in a separate written agreement.

Nothing contained in this Agreement creates an employment, partnership, joint venture, agency, or franchise relationship between MyBenzie and any Delivery Captain.

Section 1.7 – Electronic Consent

By using the Platform, you consent to receive:

• Electronic communications;
• Order confirmations;
• Delivery updates;
• Receipts;
• Customer service communications;
• Legal notices;
• Policy updates; and
• Other communications related to your account.

Electronic communications satisfy any legal requirement that communications be in writing.

Section 1.8 – Entire Agreement

This Agreement, together with the Privacy Policy, Community Standards, Refund Policy, and any other policies expressly incorporated by reference, constitutes the complete agreement between MyBenzie and the Customer regarding use of the Platform.

ARTICLE II—DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. These definitions apply throughout the Agreement unless the context clearly indicates otherwise.

Section 2.1 – Agreement

"Agreement" means these MyBenzie Customer Terms and Conditions of Use, including all schedules, exhibits, policies, guidelines, amendments, and documents incorporated by reference.

Section 2.2 – Account

"Account" means a registered customer profile created to access or use the Platform.

Section 2.3 – Applicable Law

"Applicable Law" means all federal, state, county, municipal, and local statutes, regulations, ordinances, rules, executive orders, and court decisions applicable to the Services provided through the Platform.

Section 2.4 – Customer

"Customer" means any individual or authorized business entity that accesses the Platform, creates an Account, browses available merchants, places an Order, purchases products or services, or otherwise uses the Services offered by MyBenzie.

Section 2.5 – Delivery

"Delivery" means the transportation of products from a Merchant Partner to the location designated by the Customer using a Delivery Captain.

Section 2.6 – Delivery Captain

"Delivery Captain" means an individual authorized by MyBenzie to perform delivery services through the Platform. Delivery Captains may be independent contractors, employees, or other authorized service providers, depending upon the relationship established with MyBenzie.

Section 2.7 – Merchant Partner

"Merchant Partner" means any restaurant, grocery store, retailer, pharmacy (where legally permitted), convenience store, or other participating business that offers products or services through the Platform.

Section 2.8 – Order

"Order" means a Customer's request to purchase goods and/or delivery services submitted through the Platform.

Section 2.9 – Platform

"Platform" means the MyBenzie website, mobile applications, software, ordering system, customer portal, communications systems, APIs, and any related technology owned or operated by Schunot Miller, Inc.

Section 2.10 – Products

"Products" means food, beverages, groceries, household goods, retail merchandise, prescriptions where legally permitted, or other items offered for sale by Merchant Partners.

Section 2.11 – Services

"Services" means all technology, ordering, payment processing, customer support, delivery coordination, logistics, and related services made available through the Platform.

Section 2.12 – Service Area

"Service Area" means any geographic area in which MyBenzie elects to provide Services. Service Areas may be expanded, reduced, or discontinued at MyBenzie's sole discretion.

Section 2.13 – Service Fee

"Service Fee" means any fee charged by MyBenzie to support operation of the Platform, including technology costs, customer support, payment processing, and administrative expenses.

Section 2.14 – Delivery Fee

"Delivery Fee" means the amount charged for transporting an Order from the Merchant Partner to the Customer's designated delivery location.

Section 2.15 – Tip or Gratuity

"Tip" or "Gratuity" means a voluntary payment made by a Customer to recognize the service provided by a Delivery Captain. Unless otherwise required by law or expressly disclosed, one hundred percent (100%) of Customer-designated tips are intended for the Delivery Captain.

Section 2.16 – Promotional Credit

"Promotional Credit" means any coupon, discount, account credit, referral reward, loyalty benefit, gift card balance, promotional code, or similar incentive issued by MyBenzie that may be subject to separate terms and conditions.

Section 2.17 – Business Day

"Business Day" means Monday through Friday, excluding federal holidays observed in the United States, unless otherwise specified.

Section 2.18 – Force Majeure Event

"Force Majeure Event" means any event beyond the reasonable control of MyBenzie, including but not limited to severe weather, flooding, hurricanes, tornadoes, wildfires, pandemics, labor disputes, acts of terrorism, war, civil unrest, governmental actions, utility failures, internet outages, cybersecurity incidents, transportation disruptions, or other unforeseen events that materially affect the ability to provide Services.

Section 2.19 – Electronic Communication

"Electronic Communication" means any notice, disclosure, confirmation, receipt, message, alert, or other communication transmitted by email, text message (SMS), mobile application notification, website posting, or other electronic means.

Section 2.20 – Personal Information

"Personal Information" means any information that identifies, relates to, describes, or could reasonably be linked to an individual Customer, as defined under Applicable Law and the MyBenzie Privacy Policy.

Section 2.21 – Unsafe Delivery Conditions

"Unsafe Delivery Conditions" include, but are not limited to:

• Threatening, abusive, violent, or discriminatory behavior;
• Loose or aggressive animals;
• Illegal activity occurring at the delivery location;
• Dangerous weather or road conditions;
• Inadequate lighting that creates an unreasonable safety risk;
• Any condition that a reasonably prudent Delivery Captain determines presents a material risk of injury or harm.

MyBenzie reserves the right to delay, relocate, or cancel a Delivery if Unsafe Delivery Conditions exist.

Section 2.22 – Contactless Delivery

"Contactless Delivery" means a Delivery method in which the Order is left at a Customer-designated location without direct physical interaction between the Customer and the Delivery Captain.

Section 2.23 – Proof of Delivery

"Proof of Delivery" means evidence reasonably demonstrating that an Order was delivered, including, without limitation:

• Time-stamped photographs;
• GPS location data;
• Delivery Captain documentation;
• Customer acknowledgment;
• Electronic confirmation; or
• Any combination of the foregoing.

Proof of Delivery shall constitute prima facie evidence that the Order was delivered to the location designated by the Customer, subject to Applicable Law.

Section 2.24 – MyBenzie

"MyBenzie," "we," "our," or "us" means Schunot Miller, Inc., doing business as MyBenzie, together with its affiliates, successors, assigns, officers, directors, employees, agents, contractors, licensors, and authorized representatives, unless the context clearly indicates otherwise.

Section 2.25 – Interpretation

Unless the context otherwise requires:

• Words in the singular include the plural, and vice versa.
• References to one gender include all genders.
• Headings are provided solely for convenience and shall not affect interpretation.
• The words "including," "includes," and "include" mean "including without limitation."
• References to Articles or Sections refer to this Agreement unless expressly stated otherwise.

ARTICLE III — CUSTOMER ACCOUNTS AND ELIGIBILITY

This Article establishes the requirements for creating, maintaining, and using a MyBenzie Customer Account.

Section 3.1 – Eligibility to Create an Account

To create or maintain a MyBenzie Account, a Customer must:

• Be at least eighteen (18) years of age or the age of legal majority in the jurisdiction where the Account is created;
• Possess the legal capacity to enter into a binding contract;
• Provide accurate, complete, and current information;
• Maintain a valid payment method when required; and
• Comply with this Agreement and all Applicable Laws.

MyBenzie reserves the right to refuse or revoke Account eligibility at its sole discretion, subject to Applicable Law.

Section 3.2 – Account Registration

Customers may be required to provide information including, but not limited to:

• Full legal name;
• Email address;
• Mobile telephone number;
• Delivery address(es);
• Billing address;
• Payment information;
• Date of birth, when required;
• Government-issued identification, when required for age-restricted purchases or fraud prevention.

Customers agree that all information submitted shall be truthful, accurate, and complete.

Section 3.3 – Accuracy of Information

Customers are responsible for maintaining accurate Account information at all times.

• Failure to maintain accurate information may result in:
• Delayed or failed deliveries;
• Cancellation of Orders;
• Payment processing failures;
• Suspension of the Account; or
• Permanent termination of Platform access.

Section 3.4 – One Account Per Individual

Unless expressly authorized by MyBenzie, each individual may maintain only one personal Customer Account.

Customers may maintain separate personal and authorized business Accounts if approved by MyBenzie.

Creating multiple Accounts to circumvent promotions, account restrictions, pricing, or Platform policies is prohibited.

Section 3.5 – Business Accounts

Businesses may establish commercial Accounts for authorized employees.

The business is responsible for:

• Managing authorized users;
• Reviewing charges;
• Ensuring compliance with this Agreement; and
• Payment of all authorized Orders placed through the Account.

MyBenzie may require additional verification before approving Business Accounts.

Section 3.6 – Account Security

Customers are solely responsible for maintaining the confidentiality of:

• Passwords;
• Verification codes;
• Login credentials;
• Multi-factor authentication devices; and
• Any other security credentials associated with the Account.

Customers shall immediately notify MyBenzie if they believe unauthorized access has occurred.

Section 3.7 – Unauthorized Use

Customers remain responsible for all activity occurring under their Account unless MyBenzie determines that unauthorized access resulted from a failure of MyBenzie's security systems or as otherwise required by Applicable Law.

Customers agree to cooperate with investigations involving suspected fraud or unauthorized activity.

Section 3.8 – Identity Verification

To protect Customers, Merchant Partners, and Delivery Captains, MyBenzie may require identity verification at any time.

Verification methods may include:

• Email verification;
• SMS verification;
• Multi-factor authentication;
• Government-issued identification;
• Payment verification;
• Address verification; or
• Other commercially reasonable verification procedures.

Failure to complete requested verification may result in delayed Orders, Account restrictions, or suspension.

Section 3.9 – Payment Method Verification

Customers authorize MyBenzie and its payment processors to verify payment methods by commercially reasonable means, including temporary authorization holds that are automatically released in accordance with the policies of the payment processor and the Customer's financial institution.

Section 3.10 – Account Sharing

Customer Accounts are intended for the registered Account holder.

Customers shall not:

• Sell an Account;
• Transfer ownership of an Account;
• Permit unauthorized persons to use an Account for fraudulent or unlawful purposes; or
• Impersonate another individual or entity.

Nothing in this Section prohibits reasonable household use of an Account when permitted by MyBenzie's Platform features and policies.

Section 3.11 – Communication Preferences

Customers agree to receive communications related to:

• Orders;
• Deliveries;
• Payment confirmations;
• Customer support;
• Security alerts;
• Account notifications;
• Legal notices; and
• Service announcements.

Marketing communications may be managed through available Account settings or by using the unsubscribe methods provided, where required by law.

Section 3.12 – Customer Responsibilities

Customers agree to:

• Use the Platform honestly and lawfully;
• Maintain accurate contact information;
• Keep payment information current;
• Secure their login credentials;
• Promptly report unauthorized activity;
• Cooperate with fraud investigations;
• Treat Merchant Partners, Delivery Captains, and MyBenzie personnel with courtesy and respect.

Section 3.13 – Suspension of Accounts

MyBenzie may temporarily suspend an Account when reasonably necessary to:

• Investigate suspected fraud;
• Protect Customers or Delivery Captains;
• Prevent unauthorized transactions;
• Comply with legal obligations;
• Protect the integrity or security of the Platform; or
• Address material violations of this Agreement.

Where reasonably practicable, MyBenzie will provide notice of a suspension and an opportunity to resolve the issue, unless doing so would compromise security, an investigation, or legal obligations.

Section 3.14 – Termination of Accounts

MyBenzie may terminate an Account for reasons including, but not limited to:

• Repeated fraudulent activity;
• Chargeback abuse;
• Abuse or harassment of Merchant Partners, Delivery Captains, or employees;
• Threats or acts of violence;
• Repeated violations of this Agreement;
• Criminal misuse of the Platform;
• Use of stolen payment methods;
• Material misrepresentation during Account registration.

Termination does not relieve a Customer of responsibility for outstanding charges, contractual obligations, or liabilities incurred before termination.

Section 3.15 – Customer-Initiated Account Closure

Customers may request closure of their Account at any time by contacting MyBenzie Customer Support or using any account deletion functionality provided through the Platform.

Account closure does not:

• Cancel pending Orders;
• Eliminate unpaid balances;
• Affect completed transactions;
• Waive obligations under this Agreement that are intended to survive termination; or
• Require immediate deletion of records that MyBenzie is permitted or required to retain under Applicable Law.

Section 3.16 – Survival

The provisions relating to payment obligations, fraud investigations, intellectual property, dispute resolution, limitations of liability, indemnification, record retention, and any other provisions that by their nature should survive shall remain in effect following the suspension, closure, or termination of a Customer Account.

ARTICLE IV — CUSTOMER RESPONSIBILITIES AND STANDARDS OF CONDUCT

This Article establishes the standards of conduct and responsibilities applicable to all Customers using the MyBenzie Platform. MyBenzie is committed to providing a safe, respectful, and reliable experience for Customers, Merchant Partners, Delivery Captains, and all individuals interacting with the Platform.

Section 4.1 – General Duty of Good Faith

Customers shall use the Platform honestly, responsibly, and in good faith.

Customers agree to act in a manner that promotes safety, fairness, and professionalism while using the Services provided by MyBenzie.

Section 4.2 – Compliance with Laws

Customers shall comply with all Applicable Laws when:

• Creating an Account;
• Placing Orders;
• Receiving Deliveries;
• Purchasing regulated products; and
• Communicating with Merchant Partners, Delivery Captains, or MyBenzie.

Customers shall not use the Platform to facilitate illegal activity.

Section 4.3 – Accurate Order Information

Customers are solely responsible for providing complete and accurate information, including:

• Delivery address;
• Apartment, suite, or unit number;
• Gate codes or access instructions;
• Contact telephone number;
• Delivery preferences;
• Special instructions.

MyBenzie is not responsible for delays, failed deliveries, or additional charges resulting from inaccurate or incomplete information supplied by the Customer.

Section 4.4 – Safe Delivery Location

Customers shall ensure that the designated delivery location is reasonably safe and accessible.

This includes, when applicable:

• Providing adequate exterior lighting;
• Keeping walkways reasonably free of snow, ice, debris, or other hazards;
• Securing pets or other animals that may present a risk;
• Ensuring visible address numbers where reasonably possible;
• Providing functioning gate or building access information; and
• Avoiding requests that would require a Delivery Captain to enter unsafe or restricted areas.

If a Delivery Captain reasonably determines that a delivery location presents a safety risk, the Captain may decline to complete the delivery, relocate the delivery to a safer location, or return the Order in accordance with MyBenzie's policies.

Section 4.5 – Respectful Conduct

Customers shall treat Delivery Captains, Merchant Partners, and MyBenzie personnel with dignity, courtesy, and respect.

Prohibited conduct includes, but is not limited to:

• Verbal abuse;
• Harassment;
• Threats;
• Intimidation;
• Discrimination;
• Stalking;
• Sexual harassment;
• Physical violence;
• Attempts to coerce or intimidate individuals performing Services.

MyBenzie maintains a zero-tolerance policy for violence or threats of violence.

Section 4.6 – No Discrimination

Customers shall not discriminate against any person based upon legally protected characteristics, including race, color, religion, sex, national origin, disability, age, or any other status protected by Applicable Law.

Violations may result in immediate suspension or permanent termination of Platform access.

Section 4.7 – Customer Availability

Customers agree to remain reasonably available after placing an Order.

Customers should monitor:

• Telephone calls;
• Text messages;
• Push notifications;
• Application alerts.

Failure to respond to reasonable communications may delay or prevent successful delivery.

Section 4.8 – Delivery Instructions

Customers may provide reasonable delivery instructions.

Delivery instructions shall not require a Delivery Captain to:

• Enter a private residence;
• Enter locked buildings without lawful access;
• Violate Applicable Law;
• Trespass;
• Enter restricted areas;
• Perform unsafe activities; or
• Perform services beyond those offered by MyBenzie.

Delivery Captains retain discretion to refuse instructions that reasonably compromise safety or violate this Agreement.

Section 4.9 – Responsibility for Minors

Customers are responsible for ensuring that minors using their Account or receiving Orders comply with this Agreement.

MyBenzie may require an adult recipient for certain Orders, including age-restricted products.

Section 4.10 – Prohibited Activities

Customers shall not:

• Use stolen payment methods;
• Commit fraud;
• Submit false refund requests;
• Falsely report missing Orders;
• Abuse promotional offers;
• Impersonate another individual;
• Attempt to manipulate pricing;
• Interfere with Platform operations;
• Attempt unauthorized access to the Platform;
• Introduce malicious software or harmful code;
• Use automated purchasing software or bots without written authorization;

Encourage Delivery Captains to violate Company policy or Applicable Law.

Section 4.11 – Fraudulent Claims

Submitting false claims regarding:

• Missing Orders;
• Missing items;
• Damaged products;
• Delivery failures;
• Payment disputes; or
• Delivery conduct

constitutes fraud.

MyBenzie reserves the right to investigate any claim and may deny refunds, suspend Accounts, or pursue civil or criminal remedies where permitted by law.

Section 4.12 – Property Access

Customers authorize Delivery Captains to enter those portions of the property reasonably necessary to complete a delivery, including driveways, sidewalks, apartment hallways, porches, entry vestibules, and other lawful access points.

Nothing in this Agreement authorizes entry into a residence or any area prohibited by law or requested by the Customer.

Section 4.13 – Contactless Delivery

Where Contactless Delivery is selected or reasonably necessary, Customers authorize Delivery Captains to leave Orders at the designated delivery location.

Time-stamped photographs, GPS records, or other Proof of Delivery may be used to document completion of the delivery.

Section 4.14 – Responsibility After Delivery

Unless otherwise required by Applicable Law, responsibility for Products transfers to the Customer upon successful completion of the Delivery.

Customers are responsible for promptly retrieving delivered Orders.

MyBenzie is not responsible for theft, weather exposure, wildlife, spoilage, or other events occurring after Delivery has been completed.

Section 4.15 – Dangerous or Illegal Requests

Customers shall not request that a Delivery Captain:

• Transport illegal substances;
• Carry weapons or hazardous materials prohibited by law;
• Commit any unlawful act;
• Enter unsafe premises;
• Violate traffic laws;
• Exceed posted occupancy or access restrictions; or
• Perform services not offered through the Platform.

Any such request may result in immediate cancellation of the Order and suspension or termination of the Customer's Account.

Section 4.16 – Customer Cooperation During Investigations

Customers agree to reasonably cooperate with investigations involving:

• Fraud;
• Chargebacks;
• Delivery disputes;
• Safety incidents;
• Payment irregularities;
• Law enforcement requests, where legally permitted.

Failure to cooperate may affect eligibility for refunds or continued use of the Platform.

Section 4.17 – Preservation of Platform Integrity

Customers shall not take actions intended to interfere with the proper operation, security, reliability, or reputation of the Platform.

This includes coordinated abuse, manipulation of ratings or reviews, creation of fraudulent Accounts, or any conduct designed to undermine the integrity of the Services.

Section 4.18 – MyBenzie's Right to Refuse Service

MyBenzie reserves the right to refuse, cancel, or limit Services to any Customer when reasonably necessary to:

• Protect the safety of Customers, Delivery Captains, Merchant Partners, or employees;
• Prevent fraud or abuse;
• Comply with Applicable Law;
• Protect the integrity of the Platform; or
• Enforce this Agreement.

Where practicable and appropriate, MyBenzie may provide notice of the reason for such action, except where doing so would compromise safety, security, or legal obligations.

Section 4.19 – Survival

The obligations contained in this Article relating to fraud, prohibited conduct, investigations, liability, and other provisions intended by their nature to survive shall remain enforceable after the termination or closure of a Customer Account.

ARTICLE V — ORDERING SERVICES

Section 5.1 – Placing Orders

Customers may place Orders only through MyBenzie's authorized Platform.

Submission of an Order constitutes an offer by the Customer to purchase Products and Delivery Services subject to this Agreement.

MyBenzie reserves the right to reject any Order before acceptance for any lawful reason.

Section 5.2 – Merchant Acceptance

Submission of an Order does not guarantee acceptance.

An Order is accepted only after the participating Merchant Partner confirms its ability to fulfill the requested Products.

Merchants may reject Orders because of:

• Store closure
• Product unavailability
• Capacity limitations
• Safety concerns
• Suspected fraud
• Pricing errors
• Technical failures
• Other reasonable business circumstances.

Section 5.3 – Contract Formation

Once a Merchant Partner accepts an Order, a binding transaction is formed between the Customer and the Merchant Partner for the purchase of Products, while MyBenzie facilitates the transaction and related Services.

Section 5.4 – Estimated Delivery Times

Delivery estimates are estimates only.

Actual delivery times may vary because of:

• Traffic
• Weather
• Merchant preparation time
• Volume of Orders
• Road closures
• Driver availability
• Mechanical failures
• Force Majeure Events

MyBenzie does not guarantee delivery within any estimated timeframe.

Section 5.5 – Customer Review

Customers are responsible for reviewing all Order details before submission.

This includes:

• Products
• Quantities
• Delivery address
• Apartment numbers
• Special instructions
• Contact information
• Payment information

Errors made by the Customer may not be eligible for refunds.

Section 5.6 – Delivery Instructions

Customers may submit reasonable delivery instructions.

Delivery Captains may disregard instructions that:

• Violate law
• Present safety concerns
• Conflict with Merchant policies
• Require trespassing
• Require entry into private residences
• Require illegal parking
• Require unsafe conduct

Section 5.7 – Order Modifications

Customers may request modifications before Merchant preparation begins.

Once preparation has begun, changes may no longer be possible.

Approval of any modification is solely at the discretion of the Merchant Partner and MyBenzie.

Section 5.8 – Special Requests

Special requests are transmitted to the Merchant Partner as a courtesy.

MyBenzie cannot guarantee that:

• Allergies will be accommodated;
• Ingredients will be modified;
• Portion sizes will change;
• Packaging requests will be honored;
• Custom cooking instructions will be followed.

Customers with food allergies should contact the Merchant directly before placing an Order.

Section 5.9 – Merchant Pricing

Prices displayed through the Platform may differ from in-store prices.

Merchant Partners independently determine menu pricing unless otherwise agreed with MyBenzie.

Section 5.10 – Availability

Product availability is not guaranteed.

Inventory changes occur continuously.

Merchants may substitute, remove, or cancel Products based upon inventory.

Section 5.11 – Duplicate Orders

Customers should not intentionally submit duplicate Orders.

MyBenzie may attempt to cancel obvious duplicate Orders but is under no obligation to do so.

Section 5.12 – Fraud Screening

Orders may be delayed while MyBenzie performs fraud prevention procedures.

MyBenzie reserves the right to:

• Verify identity
• Verify payment
• Contact Customers
• Decline suspicious Orders
• Cancel fraudulent transactions

Section 5.13 – Large Orders

Large Orders may require:

• Additional preparation time
• Advance notice
• Additional Delivery Fees
• Confirmation by Customer Support

Section 5.14 – Business Orders

Businesses placing Orders represent they have authority to bind the organization financially.

Section 5.15 – Completion of Ordering Process

An Order is considered submitted only after:

• Payment authorization;
• Successful transmission to the Platform; and
• Customer receipt of an Order confirmation.

ARTICLE VI — PRICING, FEES, TAXES, AND PAYMENTS

Section 6.1 – Total Purchase Price

The total amount charged may include:

• Product price
• Delivery Fee
• Service Fee
• Small Order Fee
• Regulatory fees
• Taxes
• Optional Tip
• Other disclosed charges

Section 6.2 – Pricing Accuracy

While MyBenzie strives for accurate pricing, typographical, technical, or system errors may occur.

MyBenzie reserves the right to correct pricing errors before Order fulfillment.

Section 6.3 – Taxes

Customers are responsible for all applicable sales taxes, local taxes, governmental fees, and other legally imposed charges.

Section 6.4 – Payment Authorization

By submitting an Order, Customers authorize MyBenzie and its payment processor to charge the selected payment method for all applicable charges.

Section 6.5 – Payment Methods

Accepted payment methods may include:

• Credit Cards
• Debit Cards
• Apple Pay
• Google Pay
• Gift Cards
• Store Credits
• Promotional Credits
• Other approved electronic payment methods

Section 6.6 – Authorization Holds

Temporary authorization holds may be placed on payment methods to verify available funds.

Authorization holds are controlled by the issuing financial institution.

Section 6.7 – Declined Payments

If payment authorization fails:

• Orders may be canceled;
• Delivery may be delayed;
• Future Orders may be restricted.

Section 6.8 – Stored Payment Methods

Customers authorize securely stored payment credentials to be used for future purchases until removed.

Section 6.9 – Chargebacks

Customers agree to first contact MyBenzie regarding billing disputes before initiating a chargeback whenever reasonably possible.

Fraudulent or abusive chargebacks may result in:

• Account suspension
• Collection efforts
• Civil remedies
• Permanent account termination

Section 6.10 – Promotional Credits

Promotional Credits:

• Have no cash value unless required by law.
• May expire.
• May be revoked for fraud.
• May contain geographic restrictions.
• Cannot generally be transferred.

Section 6.11 – Gift Cards

Gift Cards remain subject to separate Gift Card Terms and all Applicable Laws.

Section 6.12 – Refund Method

Approved refunds may be issued as:

• Original payment reversal
• MyBenzie account credit
• Promotional credit
• Gift card credit
• Other commercially reasonable method

Section 6.13 – Pricing Changes

Fees may change at any time before an Order is submitted.

Once an Order is accepted, Customers will not be charged additional fees except as authorized under this Agreement or required by law.

ARTICLE VII — TIPS AND GRATUITIES

Section 7.1 – Voluntary Nature

Tips are voluntary.

Customers are never required to tip.

Section 7.2 – Ownership

Except where prohibited by law, one hundred percent (100%) of Customer-designated tips belong to the Delivery Captain.

Section 7.3 – Timing

Tips may be added:

• Before delivery;
• During delivery where supported; or
• After delivery within any applicable time period established by MyBenzie.

Section 7.4 – Modification

Customers may increase or decrease tips within the adjustment period provided by the Platform.

MyBenzie reserves the right to investigate unusual or fraudulent tip modifications.

Section 7.5 – Cash Tips

Customers may provide cash tips directly to Delivery Captains.

Cash tips remain the sole property of the Delivery Captain.

Section 7.6 – Taxes

Delivery Captains are responsible for reporting gratuities in accordance with Applicable Law.

ARTICLE VIII — ORDER CANCELLATIONS

Section 8.1 – Customer Cancellation

Customers may request cancellation before Merchant acceptance.

Section 8.2 – Merchant Preparation

Once food preparation or Product fulfillment has begun, Orders may not be canceled without applicable charges.

Section 8.3 – Delivery in Progress

Orders generally cannot be canceled once assigned to a Delivery Captain and the delivery process has begun.

Section 8.4 – Merchant Cancellation

Merchants may cancel Orders because of:

• Inventory shortages
• Equipment failures
• Safety concerns
• Store closure
• Pricing errors
• Force Majeure

Section 8.5 – MyBenzie Cancellation

MyBenzie may cancel Orders because of:

• Fraud detection
• Payment failures
• Unsafe conditions
• Delivery impossibility
• System failures
• Compliance with law

Section 8.6 – Refunds Following Cancellation

Refund eligibility depends upon:

• Preparation status
• Delivery status
• Cause of cancellation
• Merchant policies
• Applicable law

Section 8.7 – Partial Cancellations

Individual Products may be canceled without canceling the entire Order.

Section 8.8 – Customer Refusal

If a Customer refuses delivery without lawful justification after preparation is complete, MyBenzie may retain applicable fees and deny a refund for prepared Products, except where required by law.

Section 8.9 – Abuse of Cancellation Rights

Repeated cancellations intended to disrupt merchants, Delivery Captains, or Platform operations may result in account restrictions or termination.

ARTICLE IX — DELIVERY SERVICES

Section 9.1 – Delivery Coordination

MyBenzie coordinates delivery services between Customers, Merchant Partners, and Delivery Captains using the Platform.

While MyBenzie facilitates the delivery process, actual delivery services may be performed by independent Delivery Captains or other authorized service providers.

Section 9.2 – Delivery Areas

Deliveries are offered only within designated Service Areas established by MyBenzie.

Service Areas may be modified, expanded, reduced, or discontinued at any time without prior notice.

MyBenzie does not guarantee delivery availability to every address within a Service Area.

Section 9.3 – Assignment of Deliveries

Orders are assigned using operational factors that may include:

• Driver availability;
• Distance;
• Estimated delivery time;
• Merchant location;
• Delivery route efficiency;
• Order size;
• Customer location; and
• Other operational considerations.

Customers have no right to select a specific Delivery Captain.

Section 9.4 – Delivery Route

Delivery Captains determine the safest and most efficient delivery route.

Customers may not direct Delivery Captains to violate traffic laws, trespass, exceed speed limits, or engage in unsafe conduct.

Section 9.5 – Multiple Deliveries

To improve efficiency, Delivery Captains may complete multiple deliveries during a single route.

Customers acknowledge that another Order may be delivered before or after their own when operationally appropriate.

Section 9.6 – Delivery Completion

A Delivery is considered complete when:

• The Order is personally handed to the Customer;
• The Order is delivered to another person reasonably believed to be authorized to receive it;
• The Order is placed at the Customer's designated Contactless Delivery location;
• The Customer otherwise acknowledges receipt; or
• Proof of Delivery has been documented in accordance with this Agreement.

Section 9.7 – Delays

MyBenzie shall not be liable for reasonable delays caused by:

• Traffic congestion;
• Construction;
• Severe weather;
• Merchant delays;
• Mechanical issues;
• Accidents;
• Emergency situations;
• Law enforcement activity;
• Force Majeure Events.

Section 9.8 – Delivery Refusal

Delivery Captains may refuse to complete a Delivery when:

• Personal safety is threatened;
• The delivery location is inaccessible;
• Illegal activity is observed;
• The Customer requests unlawful conduct;
• Aggressive animals are present;
• Unsafe environmental conditions exist.

MyBenzie may cancel such Orders without liability except as required by law.

Section 9.9 – Delivery Radius

MyBenzie reserves the right to establish maximum delivery distances based upon operational needs.

Section 9.10 – Delivery Hours

Delivery availability varies by Merchant Partner, geographic area, and Driver availability.

MyBenzie does not guarantee 24-hour service.

ARTICLE X — CONTACTLESS DELIVERY

Section 10.1 – Customer Authorization

Customers selecting Contactless Delivery authorize Delivery Captains to leave Orders at the designated location.

Section 10.2 – Safe Placement

Delivery Captains shall make reasonable efforts to place Orders:

• Near the primary entrance;
• In a clean location;
• Protected from weather where reasonably possible;
• Visible to the Customer.

Section 10.3 – Proof of Delivery

Delivery Captains may record:

• Photographs;
• GPS coordinates;
• Delivery timestamps;
• Written notes.

These records may be retained by MyBenzie for operational, security, fraud prevention, and customer service purposes.

Section 10.4 – Customer Responsibility

Customers are responsible for retrieving Contactless Deliveries promptly.

Once Delivery is completed, MyBenzie is not responsible for:

• Theft;
• Animal interference;
• Weather damage;
• Food spoilage;
• Third-party interference.

Section 10.5 – Apartment Buildings

Delivery Captains are not required to access secured residential buildings beyond publicly accessible areas unless lawful access has been provided.

Section 10.6 – Unsafe Locations

If a designated drop-off location is unsafe, inaccessible, or unlawful, the Delivery Captain may choose an alternative nearby location and document the change through Proof of Delivery.

ARTICLE XI — CUSTOMER AVAILABILITY

Section 11.1 – Duty to Be Available

Customers shall remain reasonably available after placing an Order.

Section 11.2 – Communication Attempts

Delivery Captains may attempt to contact Customers through:

• Telephone;
• SMS;
• Push notification;
• In-app messaging.

Section 11.3 – Failure to Respond

If the Customer cannot be reached within a reasonable period of time, the Delivery Captain may:

• Complete Contactless Delivery;
• Return the Order to the Merchant where feasible;
• Dispose of perishable Products where necessary;
• Follow MyBenzie's operational procedures.

Section 11.4 – Returned Orders

Unless required by law, Customers are not entitled to refunds for Orders that cannot be delivered because the Customer failed to respond or provided inaccurate delivery information.

Section 11.5 – Repeat Incidents

Repeated failures to receive Orders may result in restrictions on future deliveries.

ARTICLE XII — DELIVERY ADDRESSES

Section 12.1 – Customer Responsibility

Customers are solely responsible for entering the correct delivery address.

Section 12.2 – Address Changes

Address changes requested after Merchant preparation has begun are not guaranteed.

Additional fees may apply if MyBenzie agrees to change the delivery location.

Section 12.3 – Undeliverable Addresses

Orders may be canceled if:

• The address cannot be located;
• Access is impossible;
• The location is outside the Service Area;
• The location presents safety concerns.

Section 12.4 – Incorrect Addresses

If an Order is delivered to the exact address submitted by the Customer, Delivery shall be considered properly completed.

Section 12.5 – Commercial Buildings

Customers shall provide:

• Building names;
• Suite numbers;
• Floor numbers;
• Access codes;
• Reception instructions.

Failure to do so may delay or prevent delivery.

ARTICLE XIII — AGE-RESTRICTED PRODUCTS

Section 13.1 – Compliance

Age-restricted Products shall be delivered only in accordance with Applicable Law.

Section 13.2 – Identification

Customers must present valid government-issued identification upon request.

Acceptable identification may include:

• Driver's License;
• State Identification Card;
• Military Identification;
• Passport.

Section 13.3 – Refusal

Delivery Captains shall refuse delivery if:

• Identification cannot be verified;
• The recipient appears intoxicated where prohibited by law;
• Delivery would violate Applicable Law.

Section 13.4 – No Delivery to Minors

Age-restricted Products shall never be released to minors.

Section 13.5 – Returned Products

Returned age-restricted Products may be subject to restocking fees, disposal requirements, or non-refundable charges where permitted by law.

ARTICLE XIV — SUBSTITUTIONS AND OUT-OF-STOCK ITEMS

Section 14.1 – Product Availability

Merchants determine Product availability.

Section 14.2 – Customer Preferences

Customers may:

• Accept substitutions;
• Reject substitutions;
• Request contact before substitutions.

Section 14.3 – Comparable Products

Merchants shall make commercially reasonable efforts to provide comparable substitute Products when authorized.

Section 14.4 – Price Differences

Substituted Products may result in higher or lower Order totals.

Customers authorize corresponding adjustments when substitution preferences have been approved.

Section 14.5 – Unavailable Products

Unavailable Products may be removed from the Order with an appropriate price adjustment.

ARTICLE XV — PROOF OF DELIVERY

Section 15.1 – Evidence

Proof of Delivery may include:

• Photographs;
• GPS records;
• Delivery timestamps;
• Electronic signatures;
• Customer confirmation;
• Driver documentation;
• Video recordings where legally permitted.

Section 15.2 – Presumption

Unless clear evidence demonstrates otherwise, Proof of Delivery shall create a rebuttable presumption that Delivery was completed successfully.

Section 15.3 – Customer Disputes

Customers disputing Delivery must notify MyBenzie within a reasonable time after receiving notice that the Order was delivered.

Section 15.4 – Investigation

MyBenzie may investigate Delivery disputes by reviewing:

• GPS records;
• Driver reports;
• Customer communications;
• Merchant information;
• Delivery photographs;
• Account history.

Section 15.5 – Fraud Prevention

Repeated false reports regarding missing Orders or delivery failures may result in:

• Denial of future refunds;
• Account suspension;
• Permanent Account termination;
• Referral to law enforcement when appropriate.

Section 15.6 – Record Retention

Proof of Delivery records may be retained for as long as reasonably necessary for legal compliance, fraud prevention, dispute resolution, operational purposes, and enforcement of this Agreement, subject to MyBenzie's Privacy Policy and Applicable Law.

ARTICLE XVI — REFUNDS, CREDITS, AND CUSTOMER SUPPORT

Section 16.1 – Refund Requests

Customers who believe an Order was incorrect, incomplete, damaged, delayed, or otherwise failed to meet reasonable expectations may submit a refund request through the MyBenzie Platform or Customer Support.

Submitting a refund request does not guarantee that a refund, credit, or other adjustment will be granted.

Section 16.2 – Review Process

Each refund request shall be evaluated individually based on factors that may include:

• Order details;
• Merchant information;
• Delivery records;
• Proof of Delivery;
• Customer communications;
• Account history;
• Merchant Partner response; and
• Any other relevant information reasonably available to MyBenzie.

Section 16.3 – Refund Eligibility

Refunds may be granted, in whole or in part, for circumstances including:

• Missing Products;
• Incorrect Products;
• Damaged Products;
• Duplicate charges;
• Unauthorized transactions;
• Merchant cancellation;
• Delivery failures attributable to MyBenzie or its authorized Delivery Captain;
• Other circumstances deemed appropriate by MyBenzie.

Section 16.4 – Non-Refundable Circumstances

Unless required by Applicable Law, refunds may be denied when:

• The Customer provided an incorrect delivery address;
• The Customer failed to retrieve a Contactless Delivery within a reasonable time;
• The Customer was unavailable to receive the Order;
• Product quality concerns arise from Customer handling after Delivery;
• Minor variations naturally occur in prepared food or handmade items;
• The Customer changes their mind after Merchant preparation has begun;
• Fraud or abuse is reasonably suspected.

Section 16.5 – Refund Methods

Approved refunds may be issued through:

• Original payment method;
• MyBenzie account credit;
• Promotional credit;
• Gift card credit;
• Another commercially reasonable method selected by MyBenzie.

Section 16.6 – Partial Refunds

MyBenzie may issue partial refunds when only part of an Order is affected.

Section 16.7 – Merchant Responsibility

When a refund results from Merchant error, MyBenzie may seek reimbursement from the Merchant Partner pursuant to separate agreements.

Customers shall not be responsible for disputes between MyBenzie and Merchant Partners.

Section 16.8 – Customer Support

Customer Support is available through the communication channels designated by MyBenzie.

Support availability may vary by Service Area and business hours.

Section 16.9 – Final Determination

Except where prohibited by Applicable Law, MyBenzie's determination regarding refunds shall be final.

ARTICLE XVII — RATINGS, REVIEWS, AND CUSTOMER FEEDBACK

Section 17.1 – Purpose

Customer feedback helps improve the quality of the Platform and Services.

Section 17.2 – Honest Reviews

Customers agree that reviews shall be:

• Truthful;
• Accurate;
• Based upon actual experiences.

Section 17.3 – Prohibited Content

Reviews shall not contain:

• Defamatory statements;
• False allegations;
• Personal attacks;
• Threats;
• Hate speech;
• Obscene language;
• Confidential information;
• Private contact information;
• Illegal content.

Section 17.4 – Ownership

Customers retain ownership of their feedback but grant MyBenzie a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, publish, modify, display, distribute, and create derivative works from submitted feedback for lawful business purposes.

Section 17.5 – Removal

MyBenzie reserves the right to remove reviews violating this Agreement.

Section 17.6 – No Compensation

Submission of reviews does not entitle Customers to compensation unless expressly offered through a written promotional program.

ARTICLE XVIII — PROMOTIONAL OFFERS, DISCOUNTS, AND GIFT CARDS

Section 18.1 – Promotional Programs

MyBenzie may offer promotional discounts, referral programs, loyalty rewards, coupons, and other incentives.

Participation is voluntary.

Section 18.2 – Eligibility

Promotions may be limited by:

• Geography;
• Merchant;
• Account;
• Purchase amount;
• Product category;
• Time period.

Section 18.3 – No Cash Value

Unless required by law, promotional credits:

• Have no cash value;
• Cannot be redeemed for currency;
• Cannot generally be transferred.

Section 18.4 – Abuse

MyBenzie may revoke promotions when abuse, fraud, or manipulation is reasonably suspected.

Section 18.5 – Gift Cards

Gift Cards remain subject to all applicable Gift Card Terms and Applicable Law.

ARTICLE XIX — ACCEPTABLE USE OF THE PLATFORM

Section 19.1 – Authorized Use

Customers shall use the Platform only for lawful personal or authorized business purposes.

Section 19.2 – Prohibited Conduct

Customers shall not:

• Reverse engineer the Platform;
• Attempt unauthorized access;
• Introduce malware;
• Scrape Platform data;
• Use bots without authorization;
• Interfere with Platform security;
• Circumvent payment systems;
• Manipulate pricing;
• Abuse promotions;
• Create fraudulent Accounts.

Section 19.3 – Commercial Exploitation

Customers may not commercially exploit Platform content without prior written permission.

Section 19.4 – Security Testing

Unauthorized penetration testing, vulnerability scanning, or security testing is prohibited.

Section 19.5 – Automated Access

Automated purchasing software, scripts, bots, and similar technologies require MyBenzie's prior written authorization.

Section 19.6 – Enforcement

Violations may result in:

• Order cancellation;
• Account suspension;
• Permanent Account termination;
• Civil remedies;
• Criminal referral where appropriate.

ARTICLE XX — PRIVACY AND DATA SECURITY

Section 20.1 – Privacy Policy

Customer information is collected, used, disclosed, and protected in accordance with the MyBenzie Privacy Policy, which is incorporated into this Agreement by reference.

Section 20.2 – Information Collected

MyBenzie may collect:

• Account information;
• Payment information;
• Order history;
• Device information;
• Location data;
• Communications;
• Customer Support records;
• Platform usage information.

Section 20.3 – Purpose

Information may be used to:

• Process Orders;
• Improve Services;
• Detect fraud;
• Comply with legal obligations;
• Provide Customer Support;
• Personalize Customer experiences.

Section 20.4 – Security

MyBenzie employs commercially reasonable administrative, technical, and physical safeguards to protect Customer information.

No electronic system can be guaranteed completely secure.

Section 20.5 – Customer Responsibilities

Customers are responsible for protecting:

• Passwords;
• Devices;
• Verification codes;
• Account credentials.

Section 20.6 – Data Sharing

Information may be shared with:

• Merchant Partners;
• Delivery Captains;
• Payment processors;
• Service providers;
• Government authorities when legally required;
• Other parties as described in the Privacy Policy.

Section 20.7 – Data Retention

MyBenzie may retain records as reasonably necessary for legal compliance, fraud prevention, tax reporting, dispute resolution, and business operations.

Section 20.8 – Customer Rights

Where Applicable Law provides privacy rights, Customers may exercise those rights by contacting MyBenzie using the methods identified in the Privacy Policy.

ARTICLE XXI — COMMUNICATIONS

Section 21.1 – Electronic Communications

Customers consent to receive electronic communications regarding:

• Orders;
• Deliveries;
• Payments;
• Security;
• Legal notices;
• Customer Support.

Section 21.2 – SMS Communications

Customers providing mobile telephone numbers consent to receive transactional text messages related to Orders and account activity.

Marketing text messages shall be governed by applicable consent requirements and may be opted out of as provided in the messages or Account settings.

Section 21.3 – Telephone Calls

Customers authorize MyBenzie and Delivery Captains to contact them regarding active Orders using the telephone number associated with the Account.

Section 21.4 – Push Notifications

Customers using the MyBenzie mobile application may receive push notifications concerning active Orders and account activity, subject to device settings.

Section 21.5 – Recording

To improve service quality, protect safety, prevent fraud, or comply with Applicable Law, MyBenzie may monitor or record communications with Customer Support where legally permitted. Where required by law, appropriate notice or consent will be obtained.

ARTICLE XXII — CUSTOMER SAFETY AND COMMUNITY STANDARDS

Section 22.1 – Commitment to Safety

MyBenzie is committed to maintaining a respectful, professional, and safe environment for Customers, Merchant Partners, Delivery Captains, employees, and contractors.

Section 22.2 – Zero Tolerance

The following conduct is strictly prohibited:

• Violence;
• Threats;
• Harassment;
• Stalking;
• Sexual misconduct;
• Discrimination;
• Intimidation;
• Retaliation against any person using the Platform.

Section 22.3 – Unsafe Conditions

Customers shall not knowingly create or maintain unsafe delivery conditions, including but not limited to aggressive animals, dangerous property conditions, or illegal activity at the delivery location.

Section 22.4 – Emergency Situations

If a Delivery Captain reasonably believes an emergency or imminent threat exists, the Delivery Captain may immediately leave the location, contact emergency services, or take other reasonable actions to protect themselves or others.

Section 22.5 – Reporting Misconduct

Customers may report safety concerns, inappropriate conduct, or suspected violations of this Agreement through MyBenzie Customer Support. MyBenzie may investigate reports and take appropriate action, including warnings, account restrictions, suspension, or permanent termination, based on the available information.

ARTICLE XXIII — INTELLECTUAL PROPERTY

Section 23.1 – Ownership

The MyBenzie Platform, including all software, source code, object code, databases, application programming interfaces (APIs), website content, mobile applications, designs, user interfaces, graphics, logos, trade dress, trademarks, service marks, business methods, workflows, documentation, photographs, videos, audio, text, slogans, marketing materials, proprietary processes, algorithms, artificial intelligence models, prompts, datasets, and all other intellectual property associated with the Platform (collectively, the "MyBenzie Intellectual Property") are and shall remain the exclusive property of Schunot Miller, Inc. and its licensors.

Nothing contained in this Agreement transfers any ownership rights to the Customer.

Section 23.2 – Limited License

Subject to compliance with this Agreement, MyBenzie grants Customers a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use the Platform solely for its intended purpose.

Section 23.3 – Restrictions

Customers shall not:

• Copy;
• Modify;
• Reverse engineer;
• Decompile;
• Disassemble;
• Redistribute;
• Sell;
• Lease;
• License;
• Commercially exploit;
• Remove copyright notices;
• Create derivative works from;
• Use MyBenzie Intellectual Property for competing services.

Section 23.4 – Trademarks

"MyBenzie," its logos, slogans, and branding elements are trademarks or service marks owned by Schunot Miller, Inc.

No Customer may use any trademark without prior written permission.

Section 23.5 – Suggestions

If a Customer submits ideas, feature requests, improvements, or suggestions regarding the Platform, MyBenzie may use those suggestions without restriction or obligation to compensate the Customer.

ARTICLE XXIV — THIRD-PARTY SERVICES

Section 24.1 – Third-Party Providers

The Platform may integrate with third-party providers including:

• Payment processors;
• Mapping providers;
• SMS providers;
• Identity verification services;
• Merchant systems;
• Delivery technology;
• Analytics providers.

Section 24.2 – Separate Terms

Use of third-party services may be governed by separate agreements between the Customer and those providers.

Section 24.3 – Availability

MyBenzie does not guarantee continuous availability of third-party services.

Interruptions beyond MyBenzie's reasonable control shall not constitute a breach of this Agreement.

Section 24.4 – Third-Party Content

MyBenzie is not responsible for the accuracy, availability, or reliability of third-party content or services, except to the extent required by Applicable Law.

ARTICLE XXV — DISCLAIMER OF WARRANTIES

Section 25.1 – Platform Provided "As Is"

Except as expressly provided in this Agreement or required by Applicable Law, the Platform and Services are provided on an "AS IS" and "AS AVAILABLE" basis.

Section 25.2 – No Warranty

To the fullest extent permitted by law, MyBenzie disclaims all express, implied, and statutory warranties, including:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Accuracy;
• Reliability;
• Availability;
• Continuous operation;
• Error-free performance.

Section 25.3 – Food Quality

MyBenzie does not prepare, manufacture, or package food.

Accordingly, MyBenzie makes no warranty regarding:

• Taste;
• Freshness;
• Portion size;
• Ingredients;
• Allergens;
• Nutritional information;
• Food safety attributable to Merchant preparation.

Responsibility for these matters remains with the Merchant Partner, except where MyBenzie's own actions directly cause the issue.

Section 25.4 – Delivery Estimates

Estimated delivery times are estimates only.

No guarantee is made that any Order will arrive within a specified timeframe.

Section 25.5 – Technology

Temporary interruptions caused by maintenance, software updates, internet outages, cybersecurity incidents, or system failures may occur.

ARTICLE XXVI — LIMITATION OF LIABILITY

Section 26.1 – Maximum Liability

To the fullest extent permitted by Applicable Law, MyBenzie's aggregate liability arising out of or relating to any individual Order shall not exceed the greater of:

• The total amount paid by the Customer for the affected Order; or
• One hundred dollars ($100.00).

Section 26.2 – Excluded Damages

To the fullest extent permitted by Applicable Law, MyBenzie shall not be liable for:

• Lost profits;
• Lost income;
• Lost business opportunities;
• Emotional distress;
• Consequential damages;
• Incidental damages;
• Punitive damages;
• Special damages;
• Indirect damages;
• Loss of goodwill;
• Data loss.

Section 26.3 – Merchant Conduct

MyBenzie is not responsible for acts or omissions of Merchant Partners except to the extent caused by MyBenzie's own negligence or other legal responsibility under Applicable Law.

Section 26.4 – Customer Responsibility

Customers remain responsible for their own actions and omissions while using the Platform.

Section 26.5 – Exceptions

Nothing in this Agreement limits liability where such limitation is prohibited by Applicable Law, including liability for fraud, willful misconduct, or gross negligence where applicable.

ARTICLE XXVII — INDEMNIFICATION

Section 27.1 – Customer Indemnity

To the fullest extent permitted by Applicable Law, Customers agree to defend, indemnify, and hold harmless Schunot Miller, Inc., MyBenzie, its affiliates, officers, directors, employees, Delivery Captains, agents, contractors, successors, and assigns from and against any third-party claims, damages, liabilities, judgments, fines, penalties, losses, costs, and reasonable attorneys' fees arising from:

• The Customer's breach of this Agreement;
• Fraudulent or unlawful conduct by the Customer;
• Misuse of the Platform;
• Violation of Applicable Law;
• Infringement of another person's rights by the Customer; or
• Negligence or intentional misconduct by the Customer.

This indemnification obligation does not apply to the extent a claim results from MyBenzie's own negligence, willful misconduct, or other liability that cannot be disclaimed under Applicable Law.

ARTICLE XXVIII — FORCE MAJEURE

Section 28.1 – Events Beyond Reasonable Control

Neither MyBenzie nor the Customer shall be liable for delays or failures in performance caused by Force Majeure Events.

Such events include:

• Hurricanes;
• Tornadoes;
• Floods;
• Wildfires;
• Severe storms;
• Pandemics;
• Government actions;
• War;
• Civil unrest;
• Terrorism;
• Labor disputes;
• Utility failures;
• Internet outages;
• Cyberattacks;
• Transportation disruptions;
• Other events beyond reasonable control.

Section 28.2 – Suspension of Obligations

Affected obligations shall be suspended only for the duration of the Force Majeure Event and resumed as soon as reasonably practicable.

ARTICLE XXIX — ACCOUNT SUSPENSION AND TERMINATION

Section 29.1 – Suspension

MyBenzie may suspend access when reasonably necessary to:

• Prevent fraud;
• Protect safety;
• Investigate misconduct;
• Comply with Applicable Law;
• Protect Platform integrity.

Where reasonably practicable, notice will be provided unless doing so would compromise safety, security, or an investigation.

Section 29.2 – Immediate Termination

Accounts may be immediately terminated for:

• Fraud;
• Threats of violence;
• Criminal activity;
• Chargeback abuse;
• Identity theft;
• Payment fraud;
• Harassment;
• Material violations of this Agreement.

Section 29.3 – Customer Closure

Customers may voluntarily close Accounts at any time.

Outstanding obligations survive closure.

Section 29.4 – Survival

The following survive termination:

• Payment obligations;
• Intellectual Property provisions;
• Limitation of Liability;
• Indemnification;
• Dispute Resolution;
• Governing Law;
• Any provision intended by its nature to survive.

ARTICLE XXX — DISPUTE RESOLUTION

Section 30.1 – Informal Resolution

Before initiating formal legal proceedings, the parties agree to make a good-faith effort to resolve disputes informally by contacting MyBenzie Customer Support.

Section 30.2 – Time to Raise Claims

To the extent permitted by Applicable Law, claims relating to the Services should be brought within the applicable legal limitations period. Nothing in this Agreement shortens a statutory limitations period where doing so would be unenforceable.

Section 30.3 – Good Faith

Both parties agree to cooperate in good faith to resolve disputes promptly and efficiently.

Section 30.4 – Preservation of Rights

Nothing in this Article prevents either party from seeking temporary injunctive or equitable relief where necessary to prevent immediate and irreparable harm, subject to Applicable Law.

Section 30.5 – Customer Support Records

Communications, delivery records, GPS information, photographs, and transaction records may be considered in resolving disputes, subject to Applicable Law and MyBenzie's Privacy Policy.

ARTICLE XXXI — GOVERNING LAW AND JURISDICTION

Section 31.1 – Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles, except where mandatory consumer protection laws of another jurisdiction are required to apply.

Section 31.2 – Venue

Unless otherwise required by Applicable Law or agreed to in writing by the parties, any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts having jurisdiction over the county in which Schunot Miller, Inc.'s principal executive office is located.

Each party consents to the personal jurisdiction of such courts.

Section 31.3 – Injunctive Relief

Nothing in this Agreement limits MyBenzie's right to seek temporary restraining orders, preliminary injunctions, permanent injunctions, or other equitable relief to protect:

• Intellectual Property;
• Confidential Information;
• Platform Security;
• Customer Safety;
• Business Operations.

Section 31.4 – Attorneys' Fees

Unless prohibited by Applicable Law, the prevailing party in any litigation arising from this Agreement may recover its reasonable attorneys' fees, court costs, and litigation expenses as determined by the court.

ARTICLE XXXII — ELECTRONIC RECORDS AND SIGNATURES

Section 32.1 – Electronic Consent

Customers consent to the use of electronic records, electronic signatures, electronic notices, and electronic contracts in connection with the Services.

Section 32.2 – Legal Effect

Electronic signatures shall have the same force and legal effect as handwritten signatures to the fullest extent permitted under Applicable Law, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and any applicable state electronic transaction laws.

Section 32.3 – Record Retention

Customers are responsible for maintaining copies of this Agreement and any electronic communications relating to their Orders or Account.

ARTICLE XXXIII — AMENDMENTS

Section 33.1 – Right to Modify

MyBenzie may amend this Agreement from time to time to reflect changes in:

• Applicable Law;
• Technology;
• Platform features;
• Business operations;
• Security practices;
• Industry standards.

Section 33.2 – Notice

Material amendments will be communicated through one or more reasonable methods, including:

• Email;
• Website posting;
• Mobile application notification;
• Account notification; or
• Other electronic communications.

Section 33.3 – Continued Use

Continued use of the Platform following the effective date of a material amendment constitutes acceptance of the revised Agreement.

If a Customer does not agree to the revised terms, the Customer must discontinue use of the Platform.

ARTICLE XXXIV — GENERAL PROVISIONS

Section 34.1 – Entire Agreement

This Agreement, together with the Privacy Policy and any additional policies expressly incorporated by reference, constitutes the entire agreement between the Customer and MyBenzie regarding the use of the Platform.

It supersedes all prior oral or written understandings relating to the subject matter of this Agreement.

Section 34.2 – Severability

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Any invalid provision shall be modified only to the minimum extent necessary to make it enforceable while preserving its original intent whenever permitted by law.

Section 34.3 – Waiver

Failure by MyBenzie to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of MyBenzie.

Section 34.4 – Assignment

Customers may not assign or transfer their rights or obligations under this Agreement without the prior written consent of MyBenzie.

MyBenzie may assign this Agreement in connection with:

• Corporate restructuring;
• Merger;
• Acquisition;
• Sale of assets;
• Financing;
• Successor operations.

Section 34.5 – Relationship of the Parties

Nothing contained in this Agreement creates:

• Employment;
• Partnership;
• Joint venture;
• Franchise;
• Agency;
• Fiduciary relationship

between the Customer and MyBenzie.

Section 34.6 – No Third-Party Beneficiaries

Except as expressly stated herein, this Agreement is intended solely for the benefit of the parties.

No third party shall have any rights under this Agreement solely by virtue of this Agreement.

Section 34.7 – Interpretation

The headings contained in this Agreement are for convenience only and shall not affect interpretation.

The words "including," "includes," and "include" mean "including without limitation."

The singular includes the plural and vice versa where the context requires.

Section 34.8 – Notices

Notices under this Agreement may be delivered by:

• Email;
• Certified Mail;
• Courier Service;
• Mobile Application;
• Website Posting;
• Other commercially reasonable electronic methods.

Customers are responsible for maintaining current contact information.

Section 34.9 – Survival

The following provisions shall survive termination or expiration of this Agreement:

• Payment obligations;
• Intellectual Property;
• Confidentiality obligations;
• Limitation of Liability;
• Indemnification;
• Governing Law;
• Dispute Resolution;
• Any provisions that by their nature are intended to survive.

Section 34.10 – No Reliance

Customers acknowledge that they have not relied upon any representation, promise, or statement not expressly contained in this Agreement.

Section 34.11 – Compliance with Consumer Protection Laws

Nothing in this Agreement is intended to waive or limit any non-waivable rights or remedies available to Customers under applicable consumer protection laws.

If any provision conflicts with a mandatory legal requirement, that provision shall be interpreted or modified only to the extent necessary to comply with Applicable Law.

ARTICLE XXXV — CONTACT INFORMATION

Section 35.1 – Customer Support

Questions concerning this Agreement or the Services may be directed to:

MyBenzie
A Division of Schunot Miller, Inc.

Customer Support Email: ______________________

Customer Support Telephone: __________________

Website: __________________________

Mailing Address:

Section 35.2 – Legal Notices

Legal notices shall be directed to the mailing address or email designated by Schunot Miller, Inc. for legal correspondence.

Section 35.3 – Effective Date

This Agreement becomes effective on the date first published by MyBenzie and remains in effect until amended or replaced.

CUSTOMER ACKNOWLEDGMENT

BY CREATING AN ACCOUNT, ACCESSING THE PLATFORM, PLACING AN ORDER, OR USING ANY MYBENZIE SERVICES, YOU ACKNOWLEDGE THAT:

• YOU HAVE READ THIS AGREEMENT;
• YOU UNDERSTAND ITS TERMS;
• YOU AGREE TO BE LEGALLY BOUND BY IT;
• YOU CONSENT TO THE ELECTRONIC TRANSACTIONS DESCRIBED HEREIN.