Fresh Fill Convenience Stores, Inc.

Fresh Fill Mobile App, Website, and In-Store Kiosk Services

Effective Date: December 19, 2025

Last Updated: December 19, 2025

IMPORTANT NOTICE – PLEASE READ CAREFULLY

BY ACCESSING OR USING THE FRESH FILL MOBILE APP, WEBSITE, IN-STORE KIOSKS, OR ANY RELATED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTIONS 18 AND 19 CAREFULLY.

1. PARTIES AND AGREEMENT

These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Fresh Fill Convenience Stores, Inc., a California corporation, with its principal place of business at 80 W. G Street, Ste. B, Los Banos, CA 93635 (“Fresh Fill,” “Company,” “we,” “our,” or “us”).

These Terms govern your access to and use of the Fresh Fill mobile app (the “App”), website(s), in-store ordering kiosks, loyalty program, online ordering services, and all related digital platforms and services (collectively, the “Services”).

2. DEFINITIONS

“Account” means the personalized user profile created by a User to access certain features of the Services, including but not limited to order history, saved payment methods, and loyalty rewards.

“App” means the Fresh Fill mobile application available for download on iOS and Android devices.

“Content” means all text, images, graphics, videos, menus, nutritional information, product descriptions, pricing, promotional materials, and any other materials made available through the Services.

“Device” means any smartphone, tablet, computer, kiosk, or other electronic device used to access the Services.

“Food Products” means all food and beverage items, including but not limited to fresh juices, smoothies, acai bowls, sandwiches (Harvest Subs), hot food, packaged snacks, and grocery items available for purchase through the Services or at our physical locations.

“Loyalty Program” means the Fresh Fill rewards program that allows Users to earn and redeem points for purchases made through the Services or at Fresh Fill store locations.

“Order” means any purchase request submitted through the Services for Food Products or other merchandise.

“Store Location(s)” means Fresh Fill’s physical retail locations, currently including 2270 E. Pacheco Blvd., Los Banos, CA 93635 and 131 Riverwalk Blvd. S, Ste. 100, Madera, CA 93636, and any future locations.

“User Content” means any content, including but not limited to reviews, comments, photos, or other materials, that Users submit, post, or transmit through the Services.

3. ELIGIBILITY

3.1 Age Requirements

You must be at least eighteen (18) years of age to create an Account or use the Services independently. Users between the ages of thirteen (13) and seventeen (17) may use the Services only with the express consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on behalf of the minor. Users under the age of thirteen (13) are prohibited from creating an Account or using the Services.

3.2 Legal Capacity

By using the Services, you represent and warrant that: (a) you have the legal capacity to enter into this Agreement; (b) you are not prohibited from using the Services under any applicable law; (c) all information you provide is accurate, current, and complete; and (d) you will maintain the accuracy of such information.

3.3 Geographic Restrictions

The Services are intended for use within the United States, specifically in the State of California. We make no representations that the Services are appropriate or available for use in other locations.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

Certain features of the Services require Account registration. When creating an Account, you agree to: (a) provide accurate, current, and complete information as prompted; (b) maintain and promptly update your Account information; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activities that occur under your Account; and (e) immediately notify Fresh Fill of any unauthorized use or security breach.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials. Fresh Fill will not be liable for any loss or damage arising from your failure to protect your Account information. You agree not to share your Account credentials with any third party or allow others to access your Account.

4.3 Account Termination

Fresh Fill reserves the right to suspend, disable, or terminate your Account at any time, with or without cause or notice, including but not limited to: (a) violation of these Terms; (b) suspected fraudulent, abusive, or illegal activity; (c) extended periods of inactivity; or (d) requests by law enforcement or government agencies.

5. USE OF SERVICES

5.1 License Grant

Subject to your compliance with these Terms, Fresh Fill grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to: (a) resell or make commercial use of the Services or Content; (b) collect or use product listings, descriptions, or prices; (c) make derivative use of the Services or Content; or (d) download or copy Account information for the benefit of a third party.

5.2 Prohibited Conduct

You agree not to: (a) use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use; (b) use any automated means, including robots, spiders, scrapers, or similar technologies, to access the Services without our prior written consent; (c) attempt to gain unauthorized access to any portion of the Services, other users’ Accounts, or any systems or networks connected to the Services; (d) submit false, misleading, or fraudulent information, including false order information or payment details; (e) use the Services for any illegal or unauthorized purpose; (f) violate any applicable local, state, national, or international law or regulation; (g) harass, threaten, stalk, or harm any individual; (h) impersonate any person or entity or falsely represent your affiliation; (i) transmit any viruses, malware, or other harmful code; (j) interfere with or circumvent any security features of the Services; or (k) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services.

6. ORDERS, PRICING, AND PAYMENT

6.1 Order Placement and Acceptance

All Orders placed through the Services are subject to acceptance by Fresh Fill. We reserve the right to refuse or cancel any Order for any reason, including but not limited to: product availability, errors in pricing or product information, suspected fraud, or other reasons at our discretion. Order confirmation does not constitute acceptance; acceptance occurs only when the Order is fulfilled.

6.2 Pricing

All prices displayed through the Services are in U.S. dollars and are subject to change without prior notice. Prices may vary between our Store Locations and online/app ordering. We make reasonable efforts to display accurate pricing; however, errors may occur. If an Order is placed with an incorrect price, we reserve the right to cancel the Order and refund any payment made.

6.3 Taxes and Fees

You are responsible for paying all applicable taxes, fees, and charges associated with your Orders. Applicable sales tax will be calculated and added at checkout based on the delivery or pickup location and current California tax rates.

6.4 Payment Methods

We accept various payment methods as indicated during checkout, which may include credit cards, debit cards, mobile payment platforms, and gift cards. By providing payment information, you represent that you are authorized to use the payment method and authorize Fresh Fill to charge the full Order amount, including taxes and any applicable fees. All payments are processed by third-party payment processors, and you agree to their terms of service.

6.5 Order Modifications and Cancellations

Once an Order is submitted and payment is confirmed, modifications or cancellations may not be possible, especially for made-to-order Food Products such as juices, smoothies, bowls, and sandwiches. Please review your Order carefully before completing payment.

7. REFUND AND RETURN POLICY

7.1 Food Product Refunds

Due to the perishable nature of our Food Products, refunds are issued only for items with a verified issue, such as incorrect preparation, missing items, or quality concerns. Refund requests must be made promptly, typically within one (1) hour of pickup or delivery for fresh-prepared items.

7.2 Refund Process

Refunds may only be processed and approved by authorized Store Managers or Company Administrators. If an Order contains both satisfactory and unsatisfactory items, only the affected items will be refunded. Refunds will be credited to the original payment method. Processing times vary depending on your financial institution, typically within five to ten (5-10) business days.

7.3 Non-Refundable Items

The following are generally non-refundable: (a) Orders where the customer failed to pick up the Order at the designated time; (b) Orders where the customer provided incorrect pickup or delivery information; (c) items claimed as unsatisfactory after being substantially consumed; (d) items not reported within the required timeframe; and (e) promotional or discounted items, except where required by law.

7.4 Packaged Goods Returns

Packaged, non-perishable items may be returned within seven (7) days of purchase with proof of purchase, provided the item is unopened, in original condition, and in original packaging. Perishable items and opened packages cannot be returned except for verified quality issues.

8. LOYALTY AND REWARDS PROGRAM

8.1 Program Participation

Participation in the Fresh Fill Loyalty Program is optional and subject to these Terms and any additional program-specific terms and conditions. Enrollment requires creation of an Account.

8.2 Points and Rewards

Loyalty points: (a) have no cash value and cannot be redeemed for cash; (b) are non-transferable between Accounts; (c) may expire after twelve (12) months of Account inactivity; (d) may be forfeited if the Account is terminated for violation of these Terms; and (e) are subject to adjustment for returns, refunds, or fraudulent activity.

8.3 Program Modifications

Fresh Fill reserves the right to modify, suspend, or terminate the Loyalty Program at any time, including changing point values, reward structures, expiration policies, or program terms. We will make reasonable efforts to provide notice of material changes.

9. FOOD SAFETY AND ALLERGEN DISCLOSURE

9.1 Allergen Warning

IMPORTANT: Our Food Products may contain or come into contact with common allergens, including but not limited to: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, and sesame. We cannot guarantee that any item is completely free of allergens. Customers with food allergies or sensitivities should exercise caution and consult with our team members before ordering.

9.2 Nutritional Information

Nutritional information provided through the Services is estimated and may vary based on preparation, portion size, ingredients, and other factors. This information is provided for convenience only and should not be relied upon for dietary or medical decisions. Consult a healthcare professional for specific nutritional guidance.

9.3 Food Handling

Fresh Fill follows all applicable food safety regulations and maintains California Retail Food Code compliance. However, once Food Products leave our control (e.g., after pickup or delivery), we are not responsible for food safety issues arising from improper handling, storage, or delayed consumption by the customer.

9.4 Customer Responsibility

You are responsible for reviewing ingredient lists and allergen information before placing an Order. By placing an Order, you acknowledge that you have reviewed the available information and accept full responsibility for any food allergies or sensitivities.

10. INTELLECTUAL PROPERTY

10.1 Fresh Fill Intellectual Property

All Content and materials available through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are the exclusive property of Fresh Fill Convenience Stores, Inc. or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

10.2 Trademarks

“Fresh Fill,” “Fresh Fill Convenience Stores,” “Harvest Subs,” and all related names, logos, product and service names, designs, and slogans are trademarks of Fresh Fill Convenience Stores, Inc. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

10.3 User Content License

By submitting User Content through the Services, you grant Fresh Fill a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

11. THIRD-PARTY SERVICES AND LINKS

The Services may contain links to third-party websites, applications, or services, including but not limited to payment processors (e.g., Stripe), delivery platforms (e.g., DoorDash), and social media platforms. These third-party services are not under Fresh Fill’s control, and we are not responsible for their content, privacy policies, terms of service, or practices. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

12. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FRESH FILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Fresh Fill does not warrant that: (a) the Services will be uninterrupted, secure, or error-free; (b) defects will be corrected; (c) the Services or servers are free of viruses or harmful components; (d) the results obtained from use of the Services will be accurate or reliable; or (e) the quality of any products, services, information, or other material obtained through the Services will meet your expectations.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH FILL CONVENIENCE STORES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.

IN NO EVENT SHALL FRESH FILL’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO FRESH FILL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE DO NOT APPLY TO LIABILITY RESULTING FROM FRESH FILL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR WHERE PROHIBITED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fresh Fill Convenience Stores, Inc., its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) your violation of any applicable law, rule, or regulation; (e) any content you submit or transmit through the Services; (f) your willful misconduct; or (g) any other party’s access to or use of the Services using your Account.

15. COMMUNICATIONS AND ELECTRONIC NOTICES

15.1 Consent to Electronic Communications

By using the Services or providing your contact information, you consent to receive electronic communications from Fresh Fill, including but not limited to: Order confirmations and updates, promotional offers and marketing messages, Loyalty Program updates, account notifications, and legal notices. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

15.2 Opting Out

You may opt out of promotional communications at any time by following the unsubscribe instructions in such communications, adjusting your Account settings, or contacting us directly. However, you may not opt out of transactional or legal communications related to your use of the Services.

15.3 SMS/Text Messages

By providing your mobile phone number, you consent to receive SMS/text messages from Fresh Fill. Message and data rates may apply. Message frequency varies. Text STOP to cancel. Text HELP for assistance. Your carrier may impose additional charges.

16. MODIFICATIONS TO TERMS

Fresh Fill reserves the right to modify these Terms at any time in our sole discretion. Material changes will be posted on the Services with an updated “Last Updated” date. We may also provide notice through the App, email, or other means at our discretion. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

17. TERMINATION

17.1 Termination by You

You may terminate your Account at any time by contacting us at the contact information provided below or through Account settings. Termination of your Account does not relieve you of any obligations incurred prior to termination, including payment obligations for Orders.

17.2 Termination by Fresh Fill

Fresh Fill may suspend, restrict, or terminate your access to the Services at any time, with or without cause or notice, including but not limited to: (a) violation of these Terms; (b) suspected fraudulent, illegal, or abusive activity; (c) failure to pay for Orders; (d) requests by law enforcement or government agencies; (e) unexpected technical issues; or (f) discontinuation of the Services.

17.3 Effect of Termination

Upon termination: (a) your right to access and use the Services immediately ceases; (b) any Loyalty points or rewards in your Account may be forfeited; and (c) provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

18. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Subject to Section 19 (Dispute Resolution), any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Merced County, California or Madera County, California, and you hereby consent to the personal jurisdiction of such courts.

19. DISPUTE RESOLUTION AND ARBITRATION

19.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Fresh Fill to attempt to resolve the dispute informally. Most concerns can be resolved quickly and satisfactorily by contacting our customer service team. If we are unable to resolve your dispute within thirty (30) days, either party may initiate formal proceedings as described below.

19.2 Binding Arbitration

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

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single neutral arbitrator in Fresno County, California, or at another mutually agreed location. The arbitrator’s decision shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction.

19.3 Class Action Waiver

YOU AND FRESH FILL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and Fresh Fill agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative, class, or collective proceeding.

19.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in 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. Small claims court actions are also exempt from this arbitration provision.

19.5 Arbitration Fees

Each party shall bear its own costs and expenses, including attorneys’ fees. The arbitration filing fees shall be divided equally between the parties unless the arbitrator determines otherwise based on the merits of the claims.

20. GENERAL PROVISIONS

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Fresh Fill regarding the Services and supersede all prior and contemporaneous agreements, representations, and understandings.

20.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.

20.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Fresh Fill’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without Fresh Fill’s prior written consent. Fresh Fill may assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

20.5 Force Majeure

Fresh Fill shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20.6 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

20.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

21. CALIFORNIA CONSUMER RIGHTS

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and other California laws. Please see our Privacy Policy for information about your California privacy rights. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by Fresh Fill Convenience Stores, Inc., 80 W. G Street, Ste. B, Los Banos, CA 93635. For complaints, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

22. ACCESSIBILITY

Fresh Fill is committed to making our Services accessible to all users. If you experience any accessibility barriers while using our Services, please contact us so we can work to address the issue.

23. CONTACT INFORMATION

For questions, concerns, or complaints regarding these Terms or the Services, please contact us at: