Customer Supplement to the Terms of Use

This Customer Supplement (the “Customer Supplement”), along with the Terms of Use (as defined below), (collectively, the “Customer Agreement”) is a legal agreement between You and Untappd Inc. (formerly Untappd LLC) (“Untappd”) relating to and governing your access to and use of Untappd services and products. The terms of use located at http://untappd.com/terms, and which are subject to change by Untappd from time to time (the “Terms of Use”), are incorporated by reference herein. In the event of any inconsistency between this Customer Supplement and the Terms of Use, the terms of this Customer Supplement shall govern. Any capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Terms of Use. By clicking “I agree” below, You agree to be bound by the terms and conditions of this Customer Agreement.

Term; Termination. The term of this Customer Agreement shall be one (1) year after the earlier of (i) the date Untappd delivers account credentials for Untappd’s online platform to You and (ii) 30 days after the Payment Date, unless otherwise agreed upon in writing (the “Term”). In the case of a monthly subscription, YOU ACKOWNLEDGE AND AGREE THAT this Customer Agreement will automatically renew for consecutive one (1) month terms. In the case of a yearly subscription, YOU ACKNOWLEDGE AND AGREE THAT this Customer Agreement will automatically renew for consecutive one (1) year terms. You may terminate this Customer Agreement prior to its expiration upon at least ten (10) business days’ written notice to Untappd at business@untappd.com. Untapped may immediately terminate this Customer Agreement prior to its expiration in the event You breach any of the terms of this Customer Agreement, or otherwise use the services and/or products provided hereunder in contravention of any laws, rules or regulations or in a way that brings or may bring Untappd’s services and/or products into disrepute, as reasonably determined by Untappd. In the event this Customer Agreement is terminated prior to expiration, the parties acknowledge and agree that no portion of the Fee (as defined below) shall be refunded to You. For clarity, in the case of a monthly subscription, Untappd will not refund to You any portion of the Monthly Fee (as defined below) already charged to You as of the termination effective date.

Fees; Authorization for Recurring Payments. In consideration of the services and products provided by Untappd hereunder, You shall pay to Untappd, depending on the subscription You selected, either (a) a one-time, up-front, nonrefundable subscription fee equal to the amount set forth in the confirmation e-mail received by You (the “Yearly Fee”); or (b) an up-front, nonrefundable monthly subscription fee equal to the per month amount set forth in the confirmation e-mail received by You (the “Monthly Fee”, and referred together with the Yearly Fee as the “Fees”). If You have chosen a monthly subscription, You hereby authorize Untappd, or its affiliate, to charge your account (based on the account information You previously provided to an Untappd representative) the Monthly Fee on a monthly recurring basis consistent with this Customer Agreement. If You have chosen a yearly subscription, You hereby authorize Untappd, or its affiliate, to charge your account (based on the account information You previously provided to an Untappd representative) the Yearly Fee on a yearly recurring basis consistent with this Customer Agreement.

Customer Materials. In using the services and products provided by Untappd hereunder, You will be providing to Untappd certain information and data, including, but not limited to, names and/or logos of breweries, restaurants, and beers; contact information, and beer lists (the “Customer Materials”). You hereby grant to Untappd a non-exclusive license to reproduce, publish, revise, perform and otherwise use the Customer Materials as necessary to provide the services and products under this Customer Agreement.

Representations and Warranties. You represent and warrant that (i) You have the authority and necessary permissions to execute this Customer Agreement, provide the Customer Materials and grant the rights and authorizations set forth in this Customer Agreement; (ii) any Customer Materials or other information You provide hereunder are accurate and not misleading; (iii) all Customer Materials do not contain any virus, bug or other disabling code or device; and (iii) You will use the services and products provided by Untappd hereunder solely for their intended purposes as further described in the Terms of Use.

Indemnification. You agree to indemnify, defend and hold harmless Untappd, its affiliates and assigned, and their directors, officers, employees and agents from and against any claims, losses, demands, liabilities, expenses and costs, including reasonable attorneys’ fees, arising out a third party claim relating to (i) any actual or alleged breach of any representation, warranty or covenant of this Customer Agreement by You; and (ii) any actual or alleged infringement, misappropriation or other violation of any third party’s intellectual property, privacy or personal rights relating in any way to Customer Materials.