Terms and Conditions for Cluck-U, Corp. Operating under

 (Cluck-U Chicken & Cluckster’s) for the Website &

Online Services

Effective January 1, 2025

Important: Please carefully read and understand these terms and conditions (“terms”).

General Statement

By installing, accessing, or using any of the websites, mobile applications, email newsletters, subscriptions, or other digital platforms where these terms are displayed or referenced (collectively, the “Online Services”), you acknowledge and agree to enter into a binding agreement with Cluck-U, Corp., which owns, manages, and operates the Online Services directly or through authorized third-party providers.

These terms apply broadly to your use of the Online Services and include specific provisions applicable to various programs offered by Cluck-U, Corp., such as the Rewards Program, Social Media interactions, Gift Card services, Text Messaging Program, and the Delivery Program. Participation in any of these programs is subject to additional or modified terms that supplement those governing general use of the Online Services.

You are also encouraged to review Cluck-U, Corp.’s Privacy Statement, which outlines our practices regarding the collection, use, and sharing of your information. By agreeing to these terms, you consent to the resolution of any disputes related to info@cluckuchicken.com under the terms set forth herein.

By accepting these terms, you expressly waive any rights to pursue claims through alternative legal avenues, including court actions or administrative proceedings. You further waive the right to a trial by jury and the ability to participate in any class action or collective legal proceeding.

The Online Services are intended solely for users who are 18 years of age or older. If you are under 18, you may not access or use the Online Services.

If you do not accept these terms, you must immediately discontinue use of the Online Services and request the closure of any related accounts. To request account deletion, please visit the Member Login section or contact us directly at info@cluckuchicken.com.

Responsible Use of Online Services

When using the Online Services, you must comply with all applicable laws, regulations, and usage guidelines. You must never use the Online Services while operating a moving vehicle or while behind the controls of a vehicle that is not safely parked. For your safety and the safety of others, only use the Online Services when it is legal and safe to do so.

Devices and Account Responsibility

You are solely responsible for maintaining the devices, operating systems, internet access, software, and service plans required to use the Online Services. Cluck-U, Corp. does not warrant that the Online Services will function properly on any specific device or with any specific software. You are also responsible for any data usage fees, messaging charges, taxes, or related costs incurred from use of the Online Services or communications sent to you by Cluck-U, Corp., including via text, email, or other contact methods. You may only access the Online Services using devices that you own or control and through authorized operating systems (e.g., Apple iOS for Apple devices). If you register an account, you are responsible for securing your credentials and for all activities conducted through your account. Only one account per user is permitted, and your account details must remain accurate and current. Use of multiple accounts under different email addresses is not allowed. A valid email address may be required to create or maintain an account.

Changes to Services

You acknowledge and agree that Cluck-U, Corp. may, at its discretion and without notice, modify, update, suspend, or discontinue any portion of the Online Services, including pushing software updates to or removing functionality from its mobile apps. If you do not agree with any such changes, your sole remedy is to cease using the affected Online Services.

Modifications to Terms

Cluck-U, Corp. reserves the right to amend these Terms at any time. Material changes will be communicated to you through reasonable means, and the updated Terms will be posted within the Online Services. You are encouraged to periodically review the Terms for updates. Continued use of the Online Services after changes become effective constitutes your acceptance. If you do not agree to the revised Terms, you must discontinue use of the Online Services and request that your account be closed. Account closure can be initiated through your profile settings.

Independent Operators and Third Parties

While Cluck-U, Corp. owns and operates the core Online Services, many restaurants listed on the platform are independently owned and operated by franchisees. Cluck-U, Corp. is not responsible for the operations, compliance, or employment practices of these independently run establishments. Each franchisee bears sole responsibility for complying with local laws, fulfilling product offerings, and managing employment matters at its locations.

Employment Opportunities

Cluck-U, Corp. and all affiliated restaurants are equal opportunity employers committed to fostering diverse workplaces. The Online Services may feature job postings submitted by Cluck-U, Corp. or by independently owned restaurants. Any job listing posted by a franchisee is the sole responsibility of that franchisee, including all hiring decisions, job requirements, and employment policies. Cluck-U, Corp. does not receive job applications submitted to franchise-operated restaurants and does not oversee the hiring process or employment decisions of its franchisees. Employment with a franchisee does not constitute employment by Cluck-U, Corp.

Contact Information

If you have questions or feedback regarding the Online Services, please visit the Contact Us section within the platform.

Communications

By using the Online Services, you may choose to opt in to receive communications from Cluck-U, Corp., including emails, SMS text messages to the mobile number you provide, and push notifications. By opting in to any of these communication channels, you acknowledge and consent to receive marketing, transactional, promotional, and service-related messages from Cluck-U, Corp. Communications will be sent in accordance with our Privacy Statement and based on the information you have provided.

You have control over how you receive communications from us. Your communication preferences may be managed through the profile or settings section of the Online Services. Additionally, certain device-specific communications, such as mobile app push notifications, may be adjusted using your device’s settings. Most communications will also include an option to opt out, such as an “unsubscribe” link in emails. Please note that communication preferences must often be managed separately for each communication channel. For instance, opting out of marketing emails does not automatically unsubscribe you from marketing text messages.

While we strive to make managing your preferences as straightforward as possible, certain communications—such as those related to your account or transactions—may only be discontinued by closing your Online Services account. If you are receiving communications from an independently operated Cluck-U, Corp. franchisee, you must contact that franchisee directly to manage or opt out of their communications.

If you enroll in our text messaging programs, you agree to be governed by Cluck-U, Corp.’s Text Messaging Program Terms & Conditions. You understand that such messages may be sent via an automated messaging system and that your consent to receive these texts is not a condition of any purchase. To withdraw your consent and unsubscribe, you may text STOP to the applicable short code or contact us directly.

Placing Orders

This section applies to orders placed through the Online Services, including in select geographic areas where customers can order ahead using the Cluck-U, Corp. mobile application. Please review the terms below carefully before placing an order, as availability of ordering features may vary depending on the Online Service.

Ordering

The ordering function is designed to offer customers a convenient way to pre-select products and submit orders to participating restaurant locations. To place an order, you must first register for an Online Services account and provide a valid form of payment, such as a credit or debit card (collectively, “payment card”) or another supported payment method. Not all Cluck-U, Corp. restaurants may participate in ordering. Location services may need to be enabled on your device for proper functionality.

Payment Method

Cluck-U, Corp. and its restaurant partners utilize third-party payment service providers to securely store payment information and process transactions. When you register a payment method, you acknowledge and agree that Cluck-U, Corp. or its providers may perform an authorization check, such as a temporary low-value charge, to verify validity. You may update your payment information at any time or, if authorized by your financial institution, updated card details may be provided automatically. When placing an order, the participating restaurant acts as the merchant of record. Additional verification may be required by the restaurant. You affirm that you are legally authorized to use any payment method you provide.

Purchases

When placing an order via the Online Services (including “Mobile Order & Pay”), you are entering into a direct agreement with the restaurant fulfilling your order. The restaurant is solely responsible for preparing and delivering your items. You acknowledge that you are not purchasing from Cluck-U, Corp. or any affiliated entities but directly from the selected restaurant, which is solely accountable for the products and services provided.

Product Availability

All items are subject to availability at the restaurant you select. Not all locations offer the same menu. Images shown within the Online Services are for illustrative purposes only and may not reflect the actual product or packaging due to factors such as regional variations, seasonal changes, supplier differences, or digital display settings.

Pricing

Each restaurant independently sets its pricing and determines applicable taxes and fees. Promotions or offers may not be valid at all locations. If you believe you have been overcharged, please contact the restaurant directly for assistance in resolving the issue.

Order Submission

You may build and submit your order to a participating restaurant via the Online Services. Charges are applied when you select “Pay & Place Order.” Orders must be picked up in person from the selected location.

Payment Authorization

By selecting “Pay & Place Order,” you authorize the restaurant to charge the total amount to your selected payment method. Ownership of the ordered products transfers to you upon physical collection from the restaurant.

Order Cancellation & Refunds

You may modify or cancel your order at any time before selecting “Pay & Place Order.” After submission, any refund requests—including dissatisfaction with products—must be directed to the restaurant that fulfilled your order. The decision to issue a refund lies solely with that restaurant.

Complaints

For complaints regarding a specific product or service at a Cluck-U, Corp. location, you should first contact the restaurant involved. If further support is needed, you may reach out to Cluck-U, Corp. Customer Care. Please note that Cluck-U, Corp. cannot guarantee responses to feedback submitted through non-official channels such as social media. For urgent or serious concerns, contact Customer Care directly.

Promotional Offers

You may have access to promotional offers (“Deals”) through the Online Services. The following general terms apply to all Deals:

1. Deals are available only through the specific Online Service where they are presented, apply solely to the featured product, are subject to availability, and may be redeemed only at participating restaurant locations until the stated expiration date.
2. Deal redemption may be limited to specific service hours.
3. Unless otherwise specified, each Deal expires upon redemption.
4. Only one Deal may be redeemed per restaurant visit.
5. Only one Deal per customers. (Deals cannot be combined unless they are specified).
6. Deals may not be valid on Delivery orders.
7. Deals are non-transferable and may only be used by the account holder to whom they were issued.
8. No cash value or cash alternatives are available for any Deal.

Additional Deal-specific terms may be displayed within the mobile application or Online Service next to the corresponding offer. Not all Deals are compatible with mobile or advance orders. If you choose to opt out of the Cluck-U, Corp. Rewards & Deals program, you will no longer have access to any associated promotional offers.

Intellectual property ownership

Any and all rights in the online services are and shall remain the exclusive property of Cluck-U, Corp.’s or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services  any features and functionality provided by third parties, and in which those third parties own certain intellectual property rights.  Neither Cluck-U, Corp.’s nor any other Members of the Cluck-U, Corp.’s System have any responsibility arising from or related to any such third-party features or functionality. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Cluck-U, Corp.’s or its licensors’ rights.

License to use the online services

Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes a license to access, interact with, and display the online services. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you, Cluck-U, Corp.’s or its licensors reserve all other rights.

Trademark information 

Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Cluck-U, Corp.’s or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

User submissions 

Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Cluck-U, Corp.’s through the online services (together, “submissions”). You understand that by submitting any submissions to Cluck-U, Corp.’s through the online services, you grant Cluck-U, Corp.'s a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation, notice or attribution to you or any other person. Cluck-U, Corp.’s will not be required to treat any submissions as confidential.   You expressly waive any and all claims against Cluck-U, Corp.’s and all other Members of the Cluck-U, Corp.’s System in connection with Cluck-U, Corp.’s consideration, use or development of any product, design, concept or other materials similar or identical to your submission.

Acceptable uses and other restrictions 

With respect to the online services (which includes content) or any portion thereof, you may not, and may not allow third parties, to:

1. Use the online services for any purpose that is unlawful or prohibited by these terms;
2. Delete or change any copyright, trademark, or other proprietary notices;
3. Claim or attempt to obtain ownership or title to the online services, including the content;
4. Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
5. Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services or your online services account, or combine them with, or incorporate them into, any other programs or services;
6. Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
7. Transfer, provide, export or re-export the online services in violation of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
8. Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
9. Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Cluck-U, Corp.’s network or any user accounts associated with the online services;
10. Any fraudulent use of an online services account or Cluck-U, Corp.’s Rewards points;
11. Share, publish, or otherwise use direct hyperlinks to pages, images, or other resources within the online services other than a link to the online services homepage; or
12. Incorporate any pages or functionality within the online services into other services or applications using framing or analogous techniques.

Third party services 

The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Cluck-U, Corp.’s does not endorse and is not associated with any of these third-party services. Neither Cluck-U, Corp.’s nor any other Members of the Cluck-U, Corp.’s System have any responsibility arising from or related to these third-party services.

The online services contain Google Maps features and content that are subject to the Google’s terms of service and Google’s privacy policy.

We may permit you to login to the online services using an account from a third party service such as Apple ID, Google+ or other social networking platforms in place of creating a new account specifically for the Online Services. Cluck-U, Corp.’s has no control over, makes no representations or warranties whatsoever about any of the third party services that you may access, is not responsible for the availability of such third party services, and does not endorse nor is responsible or liable for any content or other materials on or available from such third party services. Your use of the third-party services may be subject to additional terms, including software license terms, from those third parties.

Events beyond our control

Neither Cluck-U, Corp.’s nor any other Members of the Cluck-U, Corp.’s System have any responsibility for Cluck-U, Corp.’s failure to perform any of its obligations under these terms cause by or related to any event beyond Cluck-U, Corp.’s reasonable control

 If such an event occurs, then Cluck-U, Corp.’s obligations under these terms will be suspended for the duration of the event; and Cluck-U, Corp.’s may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

Property Ownership

All rights, title, and interest in and to the online services are and will remain the exclusive property of Cluck-U, Corp. or its licensors. “Online services” include all content provided therein—such as text, images, graphics, logos, audio, video, data, software, trademarks, trade dress, and other materials (“content”)—as well as any features or functionality provided by third parties, whose intellectual property rights remain with them. Cluck-U, Corp. and its affiliated entities are not responsible for any third-party features. The online services are licensed to you—not sold. Nothing in these terms grants you ownership or rights beyond those explicitly stated. You may not take any action that infringes, limits, or challenges the rights of Cluck-U, Corp. or its licensors.

License to Use the Online Services

Subject to compliance with these terms, you are granted a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the online services for your personal, non-commercial use only. This includes access, interaction with, and display of the online services. No rights are granted by implication; all other rights are reserved by Cluck-U, Corp. and its licensors.

Trademark Information

All trademarks, service marks, trade dress, and visual elements within the online services are proprietary to Cluck-U, Corp. or its licensors. The online services may also display third-party trademarks, which remain the property of their respective owners.

User Submissions

If you submit comments, ideas, photos, or other content (“submissions”) through the online services, you grant Cluck-U, Corp. a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, display, and modify such content for any purpose, without notice, credit, or compensation to you. Cluck-U, Corp. is not required to treat any submission as confidential and disclaims liability for any similarities between your submission and future Cluck-U, Corp. developments.

Acceptable Use and Restrictions

You may not, and may not allow others to:

1. Use the online services for illegal or prohibited purposes;
2. Alter or remove copyright, trademark, or proprietary notices;
3. Claim ownership of the services or their content;
4. Use, copy, or distribute the content for commercial purposes;
5. Transfer or sublicense your access or account;
6. Reverse-engineer or create derivative works;
7. Violate export laws or U.S. government sanctions;
8. Use bots, scrapers, or other automated tools to access the services;
9. Attempt to disrupt or gain unauthorized access to the services;
10. Use the Cluck-U Rewards program fraudulently;
11. Link directly to specific pages or resources beyond the homepage;
12. Frame or embed Cluck-U, Corp. content into other websites or apps.

Limitation of Liability

Cluck-U, Corp. and its affiliates are not liable for indirect, incidental, consequential, or special damages, including loss of data, profits, or property, related to your use of the online services. This exclusion does not apply to damages caused by Cluck-U, Corp.’s gross negligence or intentional misconduct, nor does it override consumer rights that cannot be waived under applicable law.

Disclaimer of Warranties

The online services are provided “as is” without warranties of any kind. Cluck-U, Corp. disclaims all implied warranties, including merchantability and fitness for a particular purpose. Cluck-U, Corp. makes no guarantee that services will be uninterrupted, secure, or error-free. Your only remedy is to stop using the services.

Third-Party Services

The services may include links to or integrations with third-party platforms (e.g., Google Maps, Apple ID). Use of these services is subject to their own terms and policies. Cluck-U, Corp. does not endorse or assume liability for third-party content, functionality, or availability.

Force Majeure

Cluck-U, Corp. is not responsible for any failure to perform its obligations caused by events beyond its control. Obligations are suspended during such events and may be reasonably resumed when conditions permit.

Cluck-U, Corp.’s Text Messaging Program Terms & Conditions

These terms apply only if you have voluntarily opted into Cluck-U, Corp.’s text messaging program, which may include both Short Message Service (SMS) and Multimedia Messaging Service (MMS) communications.

By enrolling in this program, you acknowledge and agree that these Text Messaging Program Terms and the Terms and Conditions for Cluck-U, Corp.’s Online Services are collectively referred to as the “Terms” and are legally binding. These Terms contain important legal provisions, including an arbitration clause, class action and jury trial waivers, and limitations of liability. Please review them carefully.

Participation in the messaging program constitutes use of an “online service” as defined under the Terms.

Program Overview

This program operates at standard messaging rates. By subscribing, you consent to receive marketing and informational texts at the mobile number provided, using automated systems, from Cluck-U, Corp. or its authorized agents. Your consent is not required to purchase any goods or services. The Cluck-U, Corp. Privacy Statement Notice govern how your information is collected, used, and shared.

Charges and Fees

Cluck-U, Corp. does not impose charges for participating in its messaging program, but standard message and data rates from your mobile carrier may apply. Message frequency may vary. Participation requires a text-capable mobile device with an active messaging plan. Contact your carrier for details. All related charges are billed by and payable to your mobile provider.

Franchisee Messaging Programs

Some Cluck-U, Corp. locations are independently owned and operated by franchisees. These terms do not govern franchisee-specific messaging programs. If you are receiving texts from a franchisee, you must manage your preferences directly with them. Each franchisee is solely responsible for legal compliance.

Cluck-U, Corp.’s Delivery Program Terms

The Cluck-U, Corp. delivery program, available in select geographic areas via the Cluck-U, Corp. mobile app, is considered part of the “online services” and is governed by the general Terms and Conditions for Online Services as supplemented by the following additional terms.

Placing Delivery Orders

These provisions apply to all delivery orders placed through the mobile app. Availability may vary by location and platform.

To use the program, you must provide your name, delivery address, and phone number. This information will be shared with the third-party delivery provider assigned to fulfill your order. Your information will be governed by Cluck-U, Corp.’s Privacy Statement and, where applicable, the privacy policy of the third-party delivery provider. Neither the restaurant nor delivery provider can be selected by you and are assigned based on logistical and geographic criteria.

Eligibility and Account Requirements

To place a delivery order, you must have a registered online services account and a valid payment method (credit or debit card) associated with it, or another approved payment method supported by Cluck-U, Corp.

Third-Party Delivery Providers

Cluck-U, Corp. partners with third-party delivery services to fulfill orders. These providers are solely responsible for delivery execution, order handling, customer service, and issue resolution related to deliveries, including refunds and complaints.

Delivery Pricing and Fees

Each participating restaurant independently sets its menu prices and applicable taxes or fees. Prices for delivery may be higher than for in-store pickup. Offers and pricing may vary depending on location, availability, and delivery method. Delivery orders are subject to applicable charges including a delivery fee, service fee (based on pre-discount total), small order fee, and sales tax.

Miscellaneous

• Geographic Scope: Cluck-U, Corp. does not represent or warrant that the online services are suitable for use outside the United States. If you access the services from another jurisdiction, you are solely responsible for complying with all applicable local laws.
• Governing Law: These terms are governed by and interpreted in accordance with the laws of the State of Maryland, without regard to its conflict of law principles.
• Third-Party Beneficiaries: These terms govern the relationship solely between you and Cluck-U, Corp. However, all other Members of the Cluck-U, Corp. System are considered third-party beneficiaries and are entitled to enforce any rights Cluck-U, Corp. holds under these terms to the extent such provisions apply to them. No other third parties shall have any rights under these terms.
• Language: These terms are provided in English (U.S.). Any translations are for convenience only. In the event of any conflict or inconsistency, the English version shall take precedence.
• Termination and Survival: Upon termination of these terms or your access to the online services, any rights granted to you will immediately cease. However, provisions that by their nature should survive termination will continue to apply, including but not limited to those regarding intellectual property, limitations of liability, usage restrictions.
• Severability: If any provision of these terms is determined to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: If Cluck-U, Corp. does not enforce any provision of these terms or delays in doing so, such inaction does not constitute a waiver of its rights, and you remain obligated to comply fully with these terms.
• Assignment: Cluck-U, Corp. may assign its rights and obligations under these terms to another entity without affecting your rights. You may not transfer your rights or obligations under these terms without prior written consent from Cluck-U, Corp.

Limitations on Cluck-U, Corp.’s liability

Neither Cluck-U, Corp.’s nor any other Members of the Cluck-U, Corp.’s System shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury or property damage related to or arising out of the online services or out of the acts or omissions of Members of the Cluck-U, Corp.’s System whether arising out of contract, tort or ordinary negligence. Nothing in this section is intended to limit Cluck-U, Corp.’s liability for damages to the extent caused by Cluck-U, Corp.’s own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law. Cluck-U, Corp.’s reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

 “AS-IS” and without any warranties

The online services may include inaccuracies or errors. Cluck-U, Corp.’s provides the online services “as is” and without warranties of any kind either expressed or implied. Cluck-U, Corp.’s disclaims all warranties of merchantability and fitness or a particular purpose. Cluck-U, Corp.’s does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against Cluck-U, Corp.’s and all other Members of the Cluck-U, Corp.’s System for dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties. These warranty exclusions may not apply to you to the extent that applicable law does not allow the exclusion of implied warranties.