Terms of Service

Introduction

These Terms of Service form a binding legal agreement between you ("you," "your," or "Customer") and MOLTN IP LLC, a Virginia limited liability company ("MOLTN IP," "we," "us," or "our"), governing your access to and use of the websites, mobile applications, ordering platforms, kitchen display systems, customer support channels, SMS messaging programs, and any other digital or physical surface operated by or under license from MOLTN IP (collectively, the "Services").

The Services include, without limitation, the websites at moltncookies.com and gifting.moltncookies.com, any subdomain thereof, in-store ordering at any Licensed Location (as defined below), the gift order flow, the order tracking pages, the rewards program, catering and licensing inquiry forms, marketing communications, and any related platform or feature MOLTN IP may make available from time to time.

By accessing or using any portion of the Services, placing an order, creating an account, opting into SMS communications, providing your contact information, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the [Privacy Policy](https://moltncookies.com/privacy-policy), which is incorporated herein by reference. If you do not agree, do not access or use the Services.

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Definitions

For the purposes of these Terms, the following terms have the meanings set forth below:

• "MOLTN IP" means MOLTN IP LLC, a Virginia limited liability company, its successors and assigns. MOLTN IP is the parent entity for the MOLTN brand and the sole owner and licensor of the MOLTN name, trademarks, recipes, trade dress, proprietary know-how, software, customer-facing digital infrastructure, and all related intellectual property (collectively, the "MOLTN Intellectual Property"). MOLTN IP licenses the MOLTN Intellectual Property to Licensed Locations pursuant to written license agreements; MOLTN IP itself does not bake, prepare, sell, or deliver any food product (see Section 3).
• "Licensed Location" means any independently owned and independently operated business entity (including any limited liability company, corporation, partnership, or sole proprietorship) that has been authorized by MOLTN IP, pursuant to a written license agreement, to bake, prepare, package, sell, deliver, and/or fulfill MOLTN-branded products under the MOLTN trademarks. Licensed Locations include both (i) operating entities affiliated with MOLTN IP through common ownership and (ii) third-party operators licensed by MOLTN IP. Each Licensed Location is a separate legal entity from MOLTN IP and from every other Licensed Location. The currently authorized Licensed Locations are listed in Schedule A at the end of these Terms; the list may be updated from time to time without separate notice as Licensed Locations are added, removed, or change name.
• "Operator" means the specific Licensed Location responsible for fulfilling a particular Order. The identity of the Operator for any given Order is disclosed to the Customer at the time of purchase and on the Order receipt.
• "Services" has the meaning set forth in Section 1.
• "Order" means any purchase, request, or transaction for MOLTN-branded products or services placed through the Services, whether for pickup, delivery, gifting, catering, or otherwise.
• "Sender" means a Customer who places an Order to be delivered to a third-party Recipient through the gifting flow.
• "Recipient" means the third party designated by a Sender to receive a gift Order.
• "User Content" means any text, image, postcard message, photograph, video, review, comment, suggestion, or other content of any kind that you submit, upload, transmit, or otherwise make available through the Services.
• "Account" means the user account you create to access certain features of the Services.

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The MOLTN Licensing Structure (Important — Please Read)

MOLTN IP LLC is an intellectual property holding company. MOLTN IP does not, and will not, directly bake, prepare, handle, package, sell, deliver, or fulfill any food product. MOLTN IP does not own, lease, operate, manage, supervise, control, or staff any retail location, commercial kitchen, ghost kitchen, or any other physical premises where food is prepared or sold. MOLTN IP does not employ any baker, cook, packer, driver, cashier, or other person involved in the production, sale, or delivery of any product offered through the Services.

All food preparation, packaging, sale, fulfillment, and delivery of MOLTN-branded products is performed exclusively by independently owned and independently operated Licensed Locations under written license agreements with MOLTN IP. Each Licensed Location is solely and exclusively responsible for the operation of its business, including but not limited to: ingredient sourcing, food handling, sanitation, food safety compliance, employee hiring and supervision, wage and hour compliance, occupational safety, customer service, order fulfillment, refunds, redelivery, and compliance with all applicable federal, state, and local laws and regulations.

When you place an Order through the Services, the contract for the sale and delivery of products is formed exclusively between you and the Operator fulfilling your Order. You are not contracting with MOLTN IP for the sale, delivery, or quality of any product. MOLTN IP is not a party to your purchase contract, is not the seller of any product, and is not the merchant of record for the underlying food sale.

MOLTN IP shall have no liability whatsoever for any act, omission, error, negligence, gross negligence, willful misconduct, breach of contract, breach of warranty, product defect, food safety incident, allergen exposure, foodborne illness, personal injury, property damage, delivery failure, customer service complaint, employment matter, regulatory violation, or any other claim of any kind or nature arising from or related to the operations, products, services, conduct, or omissions of any Licensed Location, any Operator, or any of their respective owners, officers, directors, members, managers, employees, contractors, agents, suppliers, or representatives.

You acknowledge and agree that:

1. MOLTN IP's role is limited to licensing intellectual property, providing brand standards, and operating certain digital infrastructure (such as the websites, ordering platform, and customer-facing digital surfaces) on behalf of Licensed Locations. 2. The presence of the MOLTN brand, trademarks, or logos on any product, packaging, premises, vehicle, uniform, signage, website, or communication does not establish, imply, or create any agency, employment, partnership, joint venture, franchisor-franchisee, or vicarious-liability relationship between MOLTN IP and any Licensed Location, Operator, or third party. 3. Any claim, demand, action, or proceeding arising from the products you purchase or the services you receive at or from a Licensed Location must be brought against the Operator of that Licensed Location and not against MOLTN IP. 4. To the maximum extent permitted by applicable law, you waive and release any claim against MOLTN IP based on a theory of vicarious liability, agency, apparent agency, ostensible agency, joint enterprise, joint venture, single enterprise, alter ego, or any similar theory seeking to impose liability on MOLTN IP for the acts or omissions of any Licensed Location.

This Section 3 is a material inducement to MOLTN IP's willingness to license its intellectual property and to make the Services available, and is intended to be enforced to the fullest extent permitted by applicable law. If any portion of this Section 3 is held to be unenforceable in any jurisdiction, the remainder shall continue in full force and effect.

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Eligibility

You must be at least eighteen (18) years of age to place an Order through the Services. By placing an Order, you represent and warrant that you are at least eighteen (18) years old, that you have the legal capacity to enter into a binding contract, and that you are not barred from using the Services under the laws of the United States or the jurisdiction in which you reside.

You may create an Account, opt into marketing communications, and otherwise interact with the Services beginning at age thirteen (13), provided that any such use is supervised by a parent or legal guardian and complies with applicable law. We do not knowingly collect personal information from anyone under thirteen (13). If we learn that we have collected personal information from a child under thirteen (13), we will delete it.

If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have full legal authority to bind that entity to these Terms, and references to "you" and "your" shall include both you individually and that entity, jointly and severally.

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Account Registration

Certain features of the Services require you to create an Account. When you create an Account, you agree to:

• Provide accurate, current, and complete information about yourself;
• Maintain and promptly update your Account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials;
• Promptly notify us of any unauthorized access to or use of your Account;
• Accept responsibility for all activities that occur under your Account, whether or not authorized by you.

You may not create or maintain more than one Account per individual. We reserve the right, in our sole discretion and without notice or liability, to suspend, restrict, or terminate any Account that we believe (in good faith) is fraudulent, abusive, in violation of these Terms, or otherwise harmful to MOLTN IP, any Licensed Location, any other user, or any third party.

We are not liable for any loss or damage arising from your failure to safeguard your Account credentials or from unauthorized use of your Account.

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Orders, Pricing, and Payment

Order Acceptance

All Orders are offers from you to purchase products from the applicable Operator. No Order is binding on the Operator until the Operator has affirmatively accepted it. Acceptance occurs when the Operator begins production of the Order or sends an order confirmation, whichever is earlier. We (and any Operator) reserve the right to refuse, cancel, or modify any Order at any time, in our sole discretion, for any reason or no reason, including but not limited to: suspected fraud, pricing errors, product unavailability, geographic limitations, force majeure, or violation of these Terms.

Pricing

All prices are stated in U.S. Dollars and are subject to change without notice. Applicable taxes, delivery fees, service fees, and tip (if any) will be added at checkout. We make reasonable efforts to ensure pricing accuracy, but in the event of an obvious or manifest pricing error, we (or the Operator) may cancel any affected Order even after it has been accepted, in which case you will receive a full refund of any amounts already charged.

Payment

Payment is due in full at the time the Order is placed. By providing payment information, you authorize MOLTN IP, the Operator, and our payment processor (Stripe, Inc. or such other processor as we may use from time to time) to charge the full amount of the Order, plus applicable taxes, fees, and tip, to the payment method you provide. You represent and warrant that you are authorized to use the payment method, that the payment information you provide is true and accurate, and that you will pay all charges at the prices in effect when incurred.

You authorize us, the Operator, or our payment processor to retain your payment method on file for the limited purposes of (i) processing redelivery fees, (ii) charging for damages or losses caused by you, (iii) processing pre-authorized recurring or follow-up Orders, and (iv) refunding amounts owed to you.

Right to Limit

We reserve the right to limit the quantity of items purchased per person, per household, per Order, or per geographic area, and to refuse Orders from suspected resellers, fraud actors, or persons attempting to circumvent these Terms.

Tax

You are responsible for any sales, use, value-added, or similar taxes imposed on the Order. Taxes are calculated based on the delivery address and applicable law.

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Delivery

Third-Party Delivery

Delivery of Orders is performed by independent third-party delivery providers, including but not limited to Uber Technologies, Inc. (operating Uber Direct) and any other delivery network we or the Operator may use ("Delivery Providers"). Delivery Providers are independent contractors and are not employees, agents, or representatives of MOLTN IP or the Operator. Your use of any delivery service is subject to the Delivery Provider's own terms and conditions.

Delivery Estimates

All delivery times, ETAs, and time windows shown in the Services are good-faith estimates only and are not guaranteed. Actual delivery times may vary due to traffic, weather, road conditions, kitchen volume, driver availability, recipient access issues, and other factors beyond our control. We do not warrant or guarantee the timeliness of any delivery.

Risk of Loss

Risk of loss and title to the products pass to you (or, in the case of a gift Order, to the Sender on the Recipient's behalf) at the moment the products are handed off to the Delivery Provider at the Operator's premises. Once the products have left the Operator's premises, neither MOLTN IP nor the Operator is responsible for damage, spoilage, theft, tampering, melting, breakage, or other harm occurring during transit or after delivery.

Delivery Address; Access; Failed Deliveries

You are responsible for providing a complete, accurate, accessible delivery address. You are responsible for ensuring that the Recipient (or you, if the Order is for yourself) is available to receive the delivery during the delivery window or, if applicable, that the address permits unattended drop-off. We are not liable for failed deliveries caused by:

• Incorrect, incomplete, or inaccurate address information;
• Locked buildings, gated communities, secured floors, or absent gate codes;
• Recipient unavailability or refusal to accept delivery;
• Restricted-access locations (including but not limited to government buildings, military installations, hospitals with restricted entry, secured corporate campuses, K-12 schools, and correctional facilities);
• Weather, road closures, traffic, force majeure events, or other circumstances beyond reasonable control;
• Failures by the Delivery Provider that are not the fault of the Operator.

In the event of a failed delivery caused by any of the foregoing, we (or the Operator) may, in our sole discretion: (i) attempt redelivery for a fee, (ii) hold the Order for pickup, (iii) cancel the Order without refund, or (iv) any combination of the foregoing. We are under no obligation to issue a refund for delivery failures attributable to the Customer or Recipient.

Specialized Locations

We do not guarantee the ability to deliver to high-security locations, locations requiring special access credentials, or locations where third-party delivery providers do not operate. Orders to such locations are accepted on a best-efforts basis only.

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Allergens and Food Safety

Allergen Disclosure

MOLTN-branded products are baked in commercial kitchen facilities that handle and process the following allergens: wheat, gluten, eggs, milk, butter, dairy, soy, peanuts, tree nuts (including almonds, pecans, walnuts, hazelnuts, and cashews), and various other ingredients. Our facilities are NOT certified allergen-free. Cross-contact between products and allergens is possible at every stage of production, including ingredient receipt, storage, mixing, baking, cooling, packaging, and delivery.

We make no representation or warranty that any product is free from any allergen, even if the product's listed ingredients do not include that allergen. Customers with food allergies, allergic sensitivities, or intolerances should NOT order our products if any exposure could pose a health risk. By placing an Order, you acknowledge the risk of allergen cross-contact and assume all responsibility for evaluating whether our products are safe for you and any intended Recipient to consume.

Ingredient Information

Ingredient lists, nutritional information, and allergen information made available through the Services are provided as a courtesy and may not be complete, accurate, or current. Recipes and ingredients are subject to change without notice. You should not rely on any ingredient or nutritional information for medical, dietary, or health-related decisions.

Freshness Window

Our products are perishable and are intended for consumption within forty-eight (48) hours of delivery. Cookies should be stored in a sealed container at room temperature out of direct sunlight. We are not responsible for product quality, spoilage, staleness, or any health effect arising from consumption beyond the freshness window or from improper storage.

Special Populations

Pregnant individuals, nursing individuals, immunocompromised individuals, infants, young children, the elderly, and individuals with chronic health conditions should consult a qualified physician before consuming any baked goods. Cookies and other small baked goods present a choking hazard for children under four (4) years of age and should not be served to small children without adult supervision and appropriate preparation.

No Medical or Dietary Advice

Nothing in the Services constitutes medical, nutritional, or dietary advice. We are not licensed medical or nutritional professionals. Always consult a qualified professional regarding any medical, dietary, or health concern.

Reporting Foodborne Illness

If you believe you have experienced a foodborne illness or allergic reaction in connection with a MOLTN product, please contact the Operator that fulfilled your Order, identified on your Order receipt. To the maximum extent permitted by law, no claim arising from a food safety incident may be brought against MOLTN IP under the structure described in Section 3.

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Cancellations, Refunds, and Redelivery

Cancellation

Once production of an Order has begun, the Order cannot be canceled. For ASAP Orders, production typically begins immediately upon payment. For scheduled Orders, production typically begins shortly before the scheduled fire time. Pre-production cancellations may, in the Operator's sole discretion, be eligible for a full or partial refund.

Refund Requests

Refund requests for any quality concern must be submitted to the Operator (via the contact channel listed on your Order receipt) within twenty-four (24) hours of delivery. Refunds are issued at the Operator's sole discretion and are not guaranteed. Refunds, when issued, are typically processed within five (5) to ten (10) business days to the original payment method.

No Refunds For

We do not offer refunds for: (i) Orders that failed delivery due to customer-provided incorrect or inaccessible address information, (ii) recipient refusal of delivery, (iii) change of mind, (iv) "buyer's remorse," (v) products consumed beyond the freshness window, (vi) products improperly stored after delivery, (vii) allergic reactions or sensitivities to products whose allergens were disclosed in Section 8, (viii) any Order canceled by the Operator due to fraud or violation of these Terms.

Redelivery

In the case of a delivery failure not caused by the Customer or Recipient, we (or the Operator) may offer redelivery, at our option and without obligation. Redelivery is subject to availability and may be delayed depending on production capacity.

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Gifting Orders

The gifting flow allows a Sender to place an Order for delivery to a Recipient. The following terms apply specifically to gift Orders:

Sender Responsibility

The Sender is the Customer of record for the gift Order. The Sender is solely responsible for: (i) providing accurate Recipient name, address, and contact information; (ii) ensuring that the Sender has the lawful right to send a gift to the Recipient and to provide the Recipient's information to MOLTN IP and the Operator; (iii) the content of any postcard message or gift note; (iv) all charges associated with the Order; and (v) compliance with all applicable laws regarding unsolicited communications, marketing, and recipient consent.

Recipient Consent

By submitting a Recipient's contact information, the Sender represents and warrants that the Sender has the Recipient's consent (or the consent of the Recipient's parent or legal guardian if the Recipient is a minor) to provide that information to MOLTN IP and the Operator and to permit MOLTN IP, the Operator, and our service providers to contact the Recipient via SMS or other means in connection with the Order.

No Minors as Recipients Without Parental Consent

The Sender represents and warrants that the Recipient is at least eighteen (18) years of age, OR that the Sender has obtained the express prior consent of the Recipient's parent or legal guardian for the gift to be sent. We reserve the right to refuse to deliver any Order whose Recipient we have reason to believe is a minor without parental consent.

Postcard and Gift Note Content

The Sender is solely responsible for the content of any postcard, gift note, message, or other personalized text included with an Order. The following content is strictly prohibited and may result in the Order being canceled without refund of any postcard or personalization fees:

• Threats, harassment, intimidation, or stalking;
• Hate speech, discriminatory content, or content targeting any individual or group based on protected characteristics;
• Sexually explicit, obscene, or pornographic content;
• Defamatory, libelous, or false statements;
• Content that infringes any third party's intellectual property, privacy, publicity, or other rights;
• Content advocating, promoting, or facilitating illegal activity;
• Advertising, spam, or commercial solicitation;
• Personal information about a third party (including but not limited to addresses, phone numbers, financial information, or government identifiers);
• Content that is reasonably likely to cause distress, alarm, or fear to the Recipient.

We reserve the right, in our sole discretion, to refuse to print, modify, or redact any postcard or gift note content for any reason or no reason, with or without notice to the Sender, and without any refund obligation.

Sender Indemnification for Gifting

The Sender agrees to indemnify, defend, and hold harmless MOLTN IP, the Operator, and their respective owners, officers, directors, employees, contractors, and agents from and against any and all claims, demands, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to: (i) the Sender's submission of inaccurate or unauthorized Recipient information; (ii) the content of any postcard, gift note, or message; (iii) any claim by the Recipient that the Recipient did not consent to the Order or to being contacted; (iv) any violation by the Sender of applicable law; or (v) any other breach by the Sender of this Section 10.

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SMS Messaging Program

MOLTN IP and Licensed Locations operate one or more SMS messaging programs to communicate with Customers and Recipients about Orders. By providing your mobile number and opting in (where required by law), you consent to receive SMS messages, including transactional messages about your Order (order confirmation, fire time notifications, delivery dispatch, delivery completion, support communications) and, if you separately opt in, promotional or marketing messages.

• Message frequency varies based on your Order activity.
• Message and data rates may apply at the rates set by your wireless carrier.
• Reply STOP to any message to opt out of further messages from that program. Reply HELP for help.
• Wireless carriers are not liable for delayed or undelivered messages.
• Opting out of marketing messages does not opt you out of transactional messages necessary to fulfill an Order you have placed.
• You represent that the mobile number you provide is owned or controlled by you, or by the Recipient who has consented to receive messages, and that you have the legal authority to opt that number in.
• We comply with the TCPA, the CAN-SPAM Act, and applicable state laws regarding electronic communications. The SMS program is operated as an A2P 10DLC compliant program.

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Promotions, Coupons, and Rewards

From time to time we may offer promotional codes, discounts, coupons, referral credits, or loyalty rewards (collectively, "Promotions"). Each Promotion is governed by these Terms and any specific terms disclosed at the time the Promotion is offered. Unless expressly stated otherwise:

• Promotions cannot be combined with each other;
• One Promotion per Order;
• Promotions are non-transferable, have no cash value, and cannot be sold, exchanged, or redeemed for cash;
• Promotions are subject to availability and may expire;
• We reserve the right to modify, suspend, or terminate any Promotion at any time, with or without notice, and to invalidate any Promotion code that has been distributed, redeemed, or used in violation of its terms or in a manner we deem fraudulent or abusive;
• Suspected fraudulent use of a Promotion may result in cancellation of the affected Orders and termination of the offending Account.

If we operate a rewards or loyalty program, additional rules may apply, which will be made available within the program. Reward points and credits have no cash value, are non-transferable, may expire, and may be modified or terminated at any time at our discretion.

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User Content

You retain ownership of any User Content you submit through the Services. By submitting User Content, you grant MOLTN IP, the applicable Operator, and our service providers a worldwide, royalty-free, fully paid, perpetual, irrevocable, sublicensable, transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content for the purposes of (i) operating, providing, improving, and promoting the Services, (ii) fulfilling Orders, (iii) printing postcards or personalized materials, and (iv) any other lawful business purpose.

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to grant the foregoing license;
• Your User Content does not infringe, misappropriate, or violate any intellectual property right, privacy right, publicity right, or other right of any third party;
• Your User Content does not violate any applicable law;
• Your User Content does not contain any content prohibited under Section 10.4 above.

You agree to indemnify MOLTN IP and the Operator against any claim arising from your User Content, as further described in Section 18.

We are not obligated to monitor User Content but reserve the right to review, remove, modify, or refuse to display any User Content at any time, in our sole discretion, without notice or liability.

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Intellectual Property

MOLTN IP Ownership

The MOLTN name, the MOLTN logo, all related word marks and design marks, all product names, all trade dress, all recipes, all proprietary processes, all photography, all marketing copy, all video, all audio, all software, and all other content made available through the Services (collectively, the "MOLTN Intellectual Property") are owned by MOLTN IP LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted are reserved.

Limited License to Customers

Subject to your compliance with these Terms, MOLTN IP grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial use in placing Orders. This license does not include any right to:

• Resell, redistribute, or make any commercial use of the Services or any MOLTN Intellectual Property;
• Copy, reproduce, modify, adapt, translate, or create derivative works from any portion of the Services;
• Frame, mirror, or scrape any portion of the Services;
• Reverse-engineer, decompile, or attempt to extract source code from any software made available through the Services;
• Use any data mining, robots, spiders, scrapers, or similar automated tools to access the Services;
• Use the Services in any manner that could damage, disable, overburden, or impair any MOLTN system or interfere with any other party's use of the Services;
• Use any MOLTN trademark, logo, or trade name without prior written consent.

Trademark Notice

MOLTN®, the MOLTN logo, and related marks are trademarks or registered trademarks of MOLTN IP LLC. Other product, service, or company names mentioned in the Services may be the trademarks of their respective owners.

Copyright Complaints (DMCA)

If you believe any content on the Services infringes your copyright, please send a notice complying with the Digital Millennium Copyright Act (17 U.S.C. § 512) to: MOLTN IP LLC, Attn: DMCA Agent, 2200 Wilson Blvd, Ste 102-271, Arlington, VA 22201, email info@moltncookies.com.

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Prohibited Conduct

You agree not to use the Services to:

• Violate any applicable federal, state, local, or international law or regulation;
• Infringe the intellectual property, privacy, publicity, or other rights of any third party;
• Submit false, misleading, fraudulent, or deceptive information;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the Services to harass, abuse, threaten, defame, or intimidate any person;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services;
• Attempt to gain unauthorized access to the Services, any Account, any MOLTN system, or any related network;
• Probe, scan, or test the vulnerability of any MOLTN system or network;
• Introduce viruses, malware, worms, trojans, or other malicious code;
• Interfere with or disrupt the integrity or performance of the Services;
• Attempt to circumvent any technical limitation of the Services;
• Use any Promotion in a manner that violates its terms;
• Use the Services for competitive intelligence purposes without prior written authorization;
• Engage in any activity that we determine, in our sole discretion, to be fraudulent, abusive, or otherwise harmful to MOLTN IP, any Licensed Location, any other user, or any third party.

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Third-Party Services and Links

The Services may integrate with, link to, or display content from third parties, including but not limited to Stripe (payments), Uber (delivery), Twilio (messaging), Google (maps, address validation, advertising), Meta (advertising), and others. We are not responsible for the content, availability, accuracy, privacy practices, or terms of any third-party service. Your use of any third-party service is at your own risk and is governed by the terms and policies of that third party. The presence of any link or integration does not imply endorsement.

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Disclaimer of Warranties

> THE FOLLOWING DISCLAIMER IS WRITTEN IN ALL CAPITAL LETTERS BECAUSE IT IS INTENDED TO BE CONSPICUOUS. PLEASE READ IT CAREFULLY.

THE SERVICES, ALL PRODUCTS, AND ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOLTN IP, EACH LICENSED LOCATION, AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "MOLTN PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

• ANY IMPLIED WARRANTY OF MERCHANTABILITY;
• ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE;
• ANY IMPLIED WARRANTY OF TITLE OR NON-INFRINGEMENT;
• ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
• ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• ANY WARRANTY THAT THE INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE;
• ANY WARRANTY THAT DEFECTS WILL BE CORRECTED;
• ANY WARRANTY THAT THE SERVICES OR ANY SERVERS USED IN CONNECTION WITH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• ANY WARRANTY REGARDING ALLERGENS, NUTRITIONAL INFORMATION, INGREDIENTS, OR FOOD SAFETY EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW;
• ANY WARRANTY REGARDING THE TIMING, CONDITION, OR DELIVERY OF ANY ORDER.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY MOLTN PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

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Limitation of Liability

> THE FOLLOWING LIMITATION OF LIABILITY IS WRITTEN IN ALL CAPITAL LETTERS BECAUSE IT IS INTENDED TO BE CONSPICUOUS. PLEASE READ IT CAREFULLY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY MOLTN PARTY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, OR DATA;
• LOSS OF USE OF THE SERVICES;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• EMOTIONAL DISTRESS, PAIN AND SUFFERING, OR REPUTATIONAL HARM;
• DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY PRODUCT, REGARDLESS OF THE LEGAL THEORY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, STATUTORY LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY), AND REGARDLESS OF WHETHER THE MOLTN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE MOLTN PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, OR ANY ORDER EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO THE OPERATOR FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM IN THE THIRTY (30) DAYS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, OR ANY ORDER MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR IT IS PERMANENTLY BARRED. THIS PROVISION DOES NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.

THE LIMITATIONS IN THIS SECTION 18 APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THIS SECTION 18 OR ELSEWHERE IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

YOU AND MOLTN IP ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION 18 ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND MOLTN IP AND THAT MOLTN IP WOULD NOT MAKE THE SERVICES AVAILABLE TO YOU WITHOUT THESE LIMITATIONS.

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Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

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

Informal Resolution

Before filing any formal claim, you and the MOLTN Parties agree to attempt to resolve any dispute, claim, or controversy informally for at least sixty (60) days. To begin informal resolution, you must send a written notice of your dispute by mail to MOLTN IP LLC, Attn: Legal, 2200 Wilson Blvd, Ste 102-271, Arlington, VA 22201, and by email to info@moltncookies.com, describing the nature of the dispute and the relief you seek. We will attempt in good faith to resolve the dispute. The sixty (60) day informal resolution period is a precondition to filing arbitration or any other formal proceeding.

Binding Individual Arbitration

If the dispute is not resolved during the informal resolution period, you and the MOLTN Parties agree to submit the dispute to binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration shall be conducted by a single neutral arbitrator with experience in consumer contract disputes.

The arbitration shall take place in Arlington County, Virginia, or, at your election if you reside in the United States, in the United States county where you reside. The arbitration may be conducted in person, by telephone, or online, as the arbitrator determines based on the nature of the dispute and the preferences of the parties.

The arbitrator shall decide all issues, including but not limited to issues relating to the scope, applicability, enforceability, and arbitrability of these Terms, except that issues regarding the enforceability of the Class Action Waiver in Section 19.3 shall be decided by a court of competent jurisdiction.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AND THE MOLTN PARTIES 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 ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, MASS ACTION, OR CONSOLIDATED PROCEEDING. Unless you and the MOLTN Parties agree otherwise in writing, the arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any form of consolidated, representative, or class proceeding. The arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Class Action Waiver is found to be unenforceable, then the entire arbitration provision in Section 19.2 shall be null and void, but the remainder of these Terms shall remain in full force and effect.

Jury Trial Waiver

YOU AND THE MOLTN PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LITIGATION ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, OR ANY ORDER, REGARDLESS OF WHETHER THE LITIGATION TAKES PLACE IN COURT OR IN ARBITRATION.

Carve-Outs

The following claims are not subject to the arbitration requirement:

• Claims that may be brought in small-claims court, provided that the small-claims court has jurisdiction and the claim is brought on an individual (non-class) basis;
• Claims by either party for injunctive relief to protect intellectual property rights;
• Claims that, by applicable law, cannot be subjected to mandatory arbitration.

Thirty-Day Opt-Out

You have the right to opt out of the arbitration provision in Section 19.2 and the Class Action Waiver in Section 19.3 (but no other portion of these Terms). To opt out, you must send written notice of your decision to opt out to MOLTN IP LLC, Attn: Arbitration Opt-Out, 2200 Wilson Blvd, Ste 102-271, Arlington, VA 22201, postmarked or emailed (to info@moltncookies.com) within thirty (30) days after you first agree to these Terms. Your notice must include your full name, your mailing address, your email address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor the MOLTN Parties will be required to arbitrate disputes, but all other terms and provisions will continue to apply.

Survival

This Section 19 shall survive any termination of these Terms or your relationship with MOLTN IP.

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Governing Law and Venue

These Terms, and any non-contractual rights or obligations arising out of or in connection with these Terms, are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the arbitration requirement in Section 19, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Arlington County, Virginia for any action not subject to arbitration. You waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens.

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Force Majeure

No MOLTN Party shall be liable for any failure or delay in performance under these Terms to the extent caused by any event beyond its reasonable control, including but not limited to: acts of God, fire, flood, hurricane, tornado, earthquake, severe weather, pandemic or epidemic, war, terrorism, civil unrest, riots, government action or restriction, supply chain failure, labor dispute, strike, utility outage, internet or telecommunications failure, hardware or software failure, third-party service failure, ingredient shortages, or any similar event.

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Modifications

We reserve the right to modify these Terms at any time, in our sole discretion. The "Last Updated" date at the top of these Terms reflects the most recent revision. Material changes will be communicated to you by email (if you have provided one) or by a prominent notice on the Services. Your continued use of the Services after any such modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

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Termination

We reserve the right to suspend, restrict, or terminate your access to the Services, in whole or in part, at any time, for any reason or no reason, with or without notice, and without liability. Sections 3, 8, 9.3, 10.5, 13, 14, 15, 17, 18, 19, 20, 21, and 24 shall survive any termination.

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Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific Services or Promotions, constitute the entire agreement between you and MOLTN IP regarding your use of the Services and supersede all prior agreements, negotiations, and communications, whether oral or written.

No Waiver

No failure or delay by MOLTN IP in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any provision shall be effective unless in writing and signed by an authorized representative of MOLTN IP.

Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by any court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from these Terms, and the remaining provisions shall continue in full force and effect.

Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provision is null and void. MOLTN IP may freely assign or transfer these Terms, in whole or in part, without notice or consent.

No Third-Party Beneficiaries

These Terms are for the benefit of you and the MOLTN Parties, and there are no third-party beneficiaries, except that each Licensed Location is an intended third-party beneficiary of these Terms and may enforce the provisions hereof directly against you to the extent applicable.

Independent Contractors

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and MOLTN IP, between you and any Licensed Location, or between MOLTN IP and any Licensed Location. Each party is an independent contractor.

Notices

Notices to MOLTN IP must be sent to: MOLTN IP LLC, 2200 Wilson Blvd, Ste 102-271, Arlington, VA 22201, with a copy by email to info@moltncookies.com. Notices to you may be sent to the email address or postal address associated with your Account or Order.

Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

Interpretation

These Terms shall not be construed against the drafter. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation."

Electronic Communications and Signatures

You consent to receive communications from us in electronic form. Electronic communications satisfy any legal requirement that such communications be in writing. You agree that any electronic acceptance, click-through, or use of the Services constitutes a valid electronic signature.

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Contact

If you have questions about these Terms, please contact us at:

MOLTN IP LLC 2200 Wilson Blvd, Ste 102-271 Arlington, VA 22201 Email: info@moltncookies.com Website: https://moltncookies.com

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Schedule A — Identification of Licensed Locations and Operators

The current roster of Licensed Locations changes from time to time as locations are opened, closed, or change ownership. For any specific Order, the identity, legal name, and contact information of the Operator fulfilling that Order are disclosed to you at the time of purchase and on the Order receipt and post-purchase confirmation email. That disclosure is the authoritative identification of the seller for purposes of the contract formed under Section 3 of these Terms, regardless of how the location is branded or marketed on the Services.

The current list of authorized Licensed Locations is maintained internally by MOLTN IP LLC and is available on written request to info@moltncookies.com. Without limiting the generality of Sections 2 and 3, any entity that has entered into a written license agreement with MOLTN IP for the operation of a MOLTN-branded location and that has not had that agreement terminated is automatically a "Licensed Location" for purposes of these Terms, whether or not it appears on any publicly published list.

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DRAFTING NOTES (REMOVE BEFORE PUBLICATION)

The following items should be reviewed and confirmed by counsel before this document is published:

1. Licensing structure verification. Section 3 is the protective heart of this document. It is enforceable only to the extent that the day-to-day operating reality matches the description: MOLTN IP LLC owns no operating premises, employs no operating staff, and exercises no day-to-day operational control over Licensed Locations beyond brand standards enforcement. Counsel should confirm that the actual license agreements with operating LLCs (both corporate-affiliated and third-party) reflect this structure, and that operational reality (signage, employee paychecks, food safety certifications, vendor contracts, lease agreements, insurance certificates) is consistent. Any inconsistency creates a risk of veil-piercing and a fraud-on-the-customer exposure.

2. FTC Franchise Rule evaluation. If MOLTN IP collects an initial fee of $500 or more from a Licensed Location AND grants the right to use a trademark AND exercises significant control or provides significant assistance, the licensing arrangement may meet the FTC's definition of a franchise (16 CFR § 436), which would require a Franchise Disclosure Document and registration in certain states. Counsel should confirm whether the licensing arrangement is structured to avoid franchise classification or, alternatively, complies with franchise law.

3. Virginia Consumer Protection Act review. Counsel should review compliance with the Virginia Consumer Protection Act (Va. Code § 59.1-196 et seq.) and confirm enforceability of the limitation of liability and arbitration provisions in Virginia.

4. TCPA / SMS compliance. Counsel should confirm A2P 10DLC registration is in place for the SMS sender, that opt-in records are being retained, and that the Section 11 disclosures match the actual SMS programs being operated.

5. Allergen liability language. Some plaintiffs' lawyers argue that no contractual disclaimer can eliminate liability for personal injury from undisclosed allergens. Counsel should review Section 8 against current Virginia and federal food labeling law (FALCPA, FDA regulations) and confirm that operational practices match disclosure obligations.

6. State-by-state arbitration enforceability. Mandatory arbitration clauses face evolving enforceability challenges in California, New York, Massachusetts, Illinois, and other jurisdictions. Counsel should confirm enforceability across the states where Customers and Licensed Locations are located.

7. DMCA agent registration. If Section 14.4 will be relied upon for DMCA safe harbor, MOLTN IP must register a DMCA agent with the U.S. Copyright Office.

8. Catering and licensing inquiry coverage. This document treats all surfaces uniformly. If the catering or licensing inquiry processes involve different terms (e.g., licensing inquiry T&Cs for prospective franchisees, MNDA), they may need separate addenda.

9. Recipient legal status under TCPA. Section 10.2's representation by Sender that Sender has Recipient's consent is the TCPA defense. Counsel should confirm whether additional disclosures are required.

10. Electronic signature compliance. Counsel should confirm Section 24.10 satisfies the federal E-SIGN Act and the Virginia Uniform Electronic Transactions Act.

11. Insurance verification. This document does not require Customers to maintain any insurance, but Licensed Locations should each carry appropriate general liability, product liability, and food contamination insurance with MOLTN IP named as an additional insured under the relevant license agreements.

12. Recordkeeping for the 30-day arbitration opt-out. Operations should set up a process for receiving, logging, and honoring opt-out notices.