Tendy, Inc. Terms of Use for Pilot Program

Last Modified: June 2024

Welcome to the Tendy pilot program, operated by Tendy, Inc., herein known collectively as “Tendy”. Tendy is a technology platform that aims to make paying gratuity payments easier by making them totally cashless. These terms (“Terms”) apply to your use of Tendy during this pilot program. By using Tendy, you agree to these Terms and should read them carefully. If you don’t agree to the Terms, please do not use Tendy.

The Tendy pilot program will run from September 1, 2023 to December 31, 2024 (the “Pilot Program Period”). During the Pilot Program Period, Tendy will make up to $25.00 available to you via the service for you to use in making gratuity payments. Your ability to access and use Tendy may automatically terminate upon the expiration of the Pilot Program Period.

The value in the Tendy account is limited to the dollar amount made available up to the maximum amount described above. The value is not an account owned and remains the property of Tendy. You understand and acknowledge that Tendy will not, at any time, receive, access, control, or otherwise possess any account or funds owned by you.

There is no fee for using the Tendy service during the Pilot Program Period. While you are under no obligation to use Tendy, please be aware that at the end of the Pilot Program Period any funds made available to you by Tendy may be returned to us

When you subscribe to the Tendy pilot program, you represent and warrant that: (1) you are legally capable of entering into a binding contract; (2) you are at least 18 years of age; and (3) you are a Resident of the United States. The Tendy pilot program is only available in the United States. The Tendy services is intended for your use only and cannot be shared with anyone else.

Notwithstanding anything to the contrary in these Terms, we reserve the right to cancel the Tendy pilot program and / or terminate your access to and use of Tendy at any time and in our sole discretion, without prior notice to you.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING TENDY OR RELATING TO OR ARISING OUT OF THESE TERMS, INCLUDING

UNLESS WHERE REQUIRED BY LAW, IN THE EVENT THAT WE ARE HELD LIABLE TO YOU FOR ANY REASON ARISING OUT OF THESE TERMS OR YOUR USE OF TENDY, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.

From time to time, Tendy may be inoperative, and when this happens, you may be unable to use Tendy. You agree we are not responsible for any interruption of service.

These Terms are governed by the laws of New York.

DOCS/2505879.1