Privacy Policy & Term And Services

1. INTRODUCTION RoastRetain ("Company," "we," "us," or "our") respects your privacy and is committed to protecting it through our compliance with this policy. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit a partner venue (the "Venue") and access their guest Wi-Fi network, use our website, or interact with our marketing communications (collectively, our "Services").

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services or access the Venue's Wi-Fi network.

2. INFORMATION WE COLLECT ABOUT YOU We collect several types of information from and about users of our Services, including information:

• Identity Data: Including first name, last name, username, or similar identifier.

• Contact Data: Including email address and telephone number.

• Technical Data: Including Media Access Control (MAC) address, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Service.

• Usage Data: Information about how you use the Venue's Wi-Fi, including connection time, duration, bandwidth usage, and visit frequency.

• Marketing and Communications Data: Your preferences in receiving marketing from us and our third parties and your communication preferences.

3. HOW WE COLLECT YOUR INFORMATION We use different methods to collect data from and about you including through:

• Direct Interactions: You may give us your Identity and Contact Data by filling in forms on the Wi-Fi captive portal (splash page). This includes personal data you provide when you attempt to connect to the Wi-Fi network or subscribe to our Service.

• Automated Technologies: As you interact with the Wi-Fi network, we may automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using server logs and other similar technologies.

• Third Parties: We may receive personal data about you from various third parties, including the Venue (e.g., Point of Sale integration via Square, Toast, etc.) to link your Wi-Fi usage with purchase history for loyalty program purposes.

4. HOW WE USE YOUR INFORMATION We use information that we collect about you or that you provide to us, including any personal information:

• To present our Services and the Wi-Fi network access to you.

• To verify your identity and grant access to the internet.

• To provide you with information, products, or services that you request from us.

• To fulfill any other purpose for which you provide it, including enrollment in the Venue's loyalty program.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• To notify you about changes to our Services or any products or services we offer or provide though them.

• To allow the Venue to send you promotional messages, coupons, and newsletters via email or SMS (subject to your explicit consent).

• To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.

• To analyze foot traffic, visit frequency, and customer retention metrics for the Venue's business reporting.

5. DISCLOSURE OF YOUR INFORMATION We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy:

• To the Venue: We share your Identity, Contact, and Usage Data with the specific business location where you accessed the Wi-Fi. They use this data to manage their loyalty programs and marketing.

• To Contractors and Service Providers: We use third parties to support our business, including Twilio (for SMS), SendGrid (for Email), Supabase (for database storage), and Square (for POS integration). These third parties are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

• To a Buyer or Successor: In the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of RoastRetain's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

• For Legal Reasons: To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

6. DATA SECURITY We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk.

7. SMS MARKETING AND COMPLIANCE By consenting to RoastRetain’s SMS marketing in the Wi-Fi login portal, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal Do-Not-Call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. Message and data rates may apply.

8. YOUR STATE PRIVACY RIGHTS State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

• California Residents: Under the CCPA, you have the right to request access to the specific pieces of personal data we have collected, request deletion of your data, and opt-out of the sale of your data. To exercise these rights, please contact us at [Your Support Email].

• Nevada Residents: You may opt out of the sale of certain personal information.

9. CHILDREN UNDER THE AGE OF 13 Our Services are not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Service.

10. CHANGES TO OUR PRIVACY POLICY It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account or through a notice on the Wi-Fi login page. The date the privacy policy was last revised is identified at the top of the page.

11. CONTACT INFORMATION To ask questions or comment about this privacy policy and our privacy practices, contact us; Email: support@roastretain.com

1. ACCEPTANCE OF THE TERMS OF SERVICE These terms of service are entered into by and between You and RoastRetain ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of the Guest Wi-Fi Services (the "Service") provided at participating Venues. By clicking "Connect," "Accept," or by accessing the Wi-Fi network, you explicitly accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Service.

2. ACCESSING THE SERVICE AND ACCOUNT SECURITY We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. To access the Service, you may be asked to provide certain registration details or other information (such as Name, Email, and Phone Number). It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete.

3. PROHIBITED USES You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.

• To access or attempt to access High Bandwidth applications that may degrade the network performance for other users (e.g., bit-torrenting, mining cryptocurrency).

4. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS (a) Program Description: By participating in the RoastRetain messaging program, you agree to receive automated promotional and personalized marketing text messages (e.g., cart reminders) from RoastRetain and the Venue where you signed up, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up. Consent to receive automated marketing text messages is not a condition of any purchase. (b) Message Frequency: Message frequency will vary. RoastRetain reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. RoastRetain also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. (c) Support/Help: Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. RoastRetain, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. (d) Opt-Out: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from a participant in the Program, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from Us. You may continue to receive text messages for a short period while We process Your request and You may also receive text messages confirming the receipt of Your opt-out request.

5. INTELLECTUAL PROPERTY RIGHTS The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6. DISCLAIMER OF WARRANTIES You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

7. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

8. INDEMNIFICATION You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service.

9. GOVERNING LAW AND JURISDICTION All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

10. ARBITRATION AND CLASS ACTION WAIVER AT COMPANY'S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS OF SERVICE OR USE OF THE SERVICE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING TEXAS LAW. YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (I) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS ACTION-BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

11. ENTIRE AGREEMENT The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and RoastRetain regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.