Effective date: March 31, 2026

Welcome to Snackpass. Please read on to learn the rules and restrictions that govern access to and use of the Snackpass platform (the “Services”) as a content creator (“Creator,” “you” or “your”).  By clicking “I Agree,” accessing the Services, or creating content through the Services, you agree to be bound by these Creator Terms. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: team@snackpass.co

Address: 26 O’Farrell St. 8th Floor, San Francisco, CA

These Terms of Use (the “Terms”) are a binding contract between you and NOT JUST SNACKS, INC. (“Snackpass,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.  You represent and warrant that: (a) you are at least 18 years of age or the age of majority in your jurisdiction; (b) you have the legal capacity to enter into binding contracts; (c) you are not prohibited by law from accessing or using the Services; and (d) all information you provide to Snackpass is accurate, current, and complete.

Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.snackpass.co/, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What are the basics of the Creator program?

Snackpass provides a platform that facilitates connections between Restaurants and Creators for the purpose of creating marketing and promotional content. The Services may enable messaging, arrangement coordination, content submission, and payment facilitation through third-party payment processors such as Stripe. YOU ACKNOWLEDGE AND AGREE THAT SNACKPASS ACTS SOLELY AS A FACILITATOR AND TECHNOLOGY PROVIDER. Snackpass does not:

• Control, direct, or supervise the creation of any content;
• Determine the terms of any arrangement between you and any Restaurant, including compensation, deliverables, timelines, content specifications, usage rights, or performance standards;
• Guarantee payment from any Restaurant;
• Make representations or warranties regarding any Restaurant or any arrangement; or
• Act as a party to any agreement, understanding, or arrangement between you and any Restaurant.

All agreements, understandings, and arrangements between you and any Restaurant (including but not limited to compensation, deliverables, content approvals, usage rights, exclusivity, compliance obligations, disclosure requirements, and performance expectations) are solely between you and the Restaurant. You are responsible for negotiating, documenting, and fulfilling all obligations to any Restaurant. Snackpass has no responsibility or liability for, and is not a party to, any such agreements or any disputes arising therefrom.

All compensation arrangements are directly between you and the Restaurant. Compensation may include monetary payment, free meals or products, discounts, or other consideration as agreed between you and the Restaurant. Snackpass is not a party to any compensation agreement and does not guarantee, determine, or control the amount, timing, or form of compensation.

Snackpass may facilitate payments between Restaurants and Creators through third-party payment processors such as Stripe. By using the Services, you authorize Snackpass to transmit payment instructions to such payment processors on behalf of Restaurants. You acknowledge and agree that:

1. Snackpass does not hold, control, or guarantee any payments;
2. Payment processing is subject to the terms and conditions of the applicable payment processor;
3. Snackpass has no liability for any payment failures, delays, chargebacks, disputes, or processing errors;
4. You are responsible for providing accurate payment information and maintaining a valid payment account; and
5. Snackpass may charge platform fees or transaction fees as separately disclosed to you.

You acknowledge and agree that you are solely responsible for determining, collecting, reporting, and paying all taxes arising from any compensation you receive through the Services, including without limitation income taxes, self-employment taxes, sales taxes, and value-added taxes. Snackpass may issue tax forms (such as IRS Form 1099) as required by applicable law, and you agree to provide any information reasonably requested by Snackpass to comply with tax reporting obligations.

Snackpass makes no guarantee regarding the availability of opportunities, the number of Restaurants that may engage you, the amount of compensation you may earn, or the success of any Creator Content.

Snackpass may suspend or terminate your access to the Services, with or without notice, at any time and for any reason, including but not limited to: (a) violation of these Creator Terms; (b) fraudulent, deceptive, or unlawful conduct; (c) infringement of third-party rights; (d) failure to comply with applicable laws or regulations; (e) engaging in conduct that harms or may harm Snackpass, Restaurants, or other users; or (f) inactivity for an extended period.

What are my rights in the Content?

You hereby irrevocably assign, transfer, and convey to the applicable Restaurant all right, title, and interest in and to any and all content, materials, works, photographs, videos, graphics, text, audio, and other creative works that you create, develop, or produce in connection with any arrangement with a Restaurant through the Services (collectively, “Creator Content”), including without limitation:

1. All copyrights, trademarks, trade names, service marks, and other intellectual property rights;
2. All rights to reproduce, distribute, display, perform, create derivative works, and otherwise exploit the Creator Content in any medium now known or hereafter developed;
3. All moral rights, rights of attribution, and rights of integrity to the extent assignable under applicable law; and
4. All rights to register, enforce, and defend intellectual property rights in the Creator Content.

To the extent that moral rights cannot be assigned under applicable law, you hereby irrevocably waive and agree not to assert any and all moral rights, including any right to claim authorship of the Creator Content, to object to any distortion, modification, or other derogatory action in relation to the Creator Content, and to withdraw the Creator Content from circulation or use.

To the extent permitted by applicable law, all Creator Content shall be deemed a “work made for hire” as defined under applicable copyright law, with the Restaurant being deemed the author and exclusive owner of the Creator Content.

You grant Snackpass a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, display, perform, distribute, and create derivative works of any Creator Content solely for the purposes of: (a) operating, improving, and promoting the Services; (b) demonstrating Services functionality to prospective users; and (c) complying with applicable laws and regulations. This license shall survive termination of these Creator Terms.

If you incorporate any pre-existing materials, third-party content, stock footage, music, graphics, or other intellectual property that you do not own exclusively into the Creator Content, you represent and warrant that: (a) you have obtained all necessary rights, licenses, clearances, and permissions to use such materials and to grant the rights set forth in these Creator Terms; and (b) the use of such materials does not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, or other legal rights.

You represent and warrant that all Creator Content: (a) is original to you or properly licensed; (b) does not infringe, misappropriate, or violate any third-party intellectual property rights, including copyrights, trademarks, patents, trade secrets, moral rights, rights of publicity, or rights of privacy; (c) does not contain defamatory, libelous, or unlawful content; and (d) complies with all applicable laws, regulations, and industry standards.

You agree to comply with all applicable federal, state, local, and international laws and regulations in connection with your activities on the Services and the creation of Creator Content, including without limitation The Federal Trade Commission Act, 15 U.S.C. § 45 et seq., and the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) and all platform-specific terms of service, community guidelines, and advertising policies for third-party platforms where Creator Content may be published (including Instagram, TikTok, Facebook, YouTube, and others).

You agree that you will not:

1. Use the Services for any unlawful purpose or in violation of these Creator Terms;
2. Misrepresent your identity, credentials, experience, or affiliation with any person or entity;
3. Create or distribute content that is defamatory, obscene, pornographic, harassing, threatening, hateful, or discriminatory;
4. Infringe or violate any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
5. Transmit any viruses, malware, or other harmful code;
6. Engage in any conduct that disrupts, damages, or impairs the Services or interferes with any other user’s use of the Services;
7. Attempt to gain unauthorized access to the Services, user accounts, or computer systems or networks;
8. Scrape, harvest, or collect information from the Services using automated means;
9. Engage in any fraudulent, deceptive, or manipulative practices, including fake engagement, fake followers, or false metrics;
10. Violate any platform-specific terms of service or community guidelines of third-party platforms;
11. Circumvent any access controls, security measures, or technological protection measures; or
12. Encourage or assist any other person in doing any of the foregoing.

What else do I need to know?

Warranty Disclaimer. Snackpass and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Snackpass and all such parties together, the “Snackpass Parties”) make no representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services, and the Snackpass Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Snackpass Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES ARE PROVIDED BY SNACKPASS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SNACKPASS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Snackpass Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Snackpass’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Snackpass and limits the manner in which you can seek relief from Snackpass. Both you and Snackpass acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Snackpass’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees.

(c) Small Claims Court; Infringement. Either you or Snackpass may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND SNACKPASS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Snackpass are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Snackpass over whether to vacate or enforce an arbitration award, YOU AND SNACKPASS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Snackpass is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 26 O’Farrell St. 8th Floor, San Francisco, CA postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Snackpass to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Snackpass agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Snackpass.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Snackpass may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Snackpass agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Snackpass, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Snackpass, and you do not have any authority of any kind to bind Snackpass in any respect whatsoever.