ATTENTION! THIS ORACLE RESTAURANTS eSTORE MASTER AGREEMENT SETS FORTH THE TERMS AND CONDITIONS APPLICABLE TO THE ORACLE RESTAURANTS ONLINE ORDERING eSTORE PRODUCTS AND SERVICES AND THE ORACLE POINT OF SALE eSTORE CLOUD SERVICE (INCLUDING THE ORACLE PAYMENT eSTORE CLOUD SERVICE AND RELATED HARDWARE DEVICES). UPON CLICKING THE “AGREE AND CONTINUE” BUTTON, YOU AGREE THAT THIS ORACLE RESTAURANTS eSTORE MASTER AGREEMENT WILL BE LEGALLY BINDING. YOU REPRESENT THAT YOU ARE ENTERING INTO THIS ORACLE RESTAURANTS eSTORE MASTER AGREEMENT ON BEHALF OF A LEGAL ENTITY, AND THAT THE INFORMATION YOU PROVIDE TO ORACLE IS COMPLETE AND ACCURATE. CAREFULLY READ THIS ORACLE RESTAURANTS eSTORE MASTER AGREEMENT BEFORE CLICKING “AGREE AND CONTINUE.”

ORACLE RESTAURANTS eSTORE MASTER AGREEMENT

Publish Date: October 1, 2024

This Oracle Restaurants eStore Master Agreement (this “Master Agreement”) is between Oracle Romania S.R.L., having its headquarters in Bucharest, District 2, 43 Pipera Street, Floreasca Park, Building B, floor 4 minus room 4114, Romania, registered with the Romanian Commerce Register under no. J40/12387/2002, unique registration code no. 15058256, fiscal qualification RO (“Oracle,” “we,” “us,” or “our”) and the legal entity for which its authorized agent clicks to accept the terms and conditions in this Master Agreement, including a legal entity Assignee in accordance with subsections 16.2 and 16.3 below, (“You” or “Your”), and sets forth the terms and conditions that govern orders placed under this Master Agreement. This Master Agreement is only valid for the purchase of the Oracle Online Ordering eStore Products and Services and the Oracle Point of Sale eStore Cloud Service (including the Oracle Payment eStore Cloud Service and related Hardware Devices) listed at this link: https://www.restaurantlogin.com/restaurant-online-ordering-products-and-services

1. USE OF THE SERVICES

1.1 We will make the Oracle Restaurants eStore products and services listed in Your order (the “Services”) available to You pursuant to this Master Agreement, Your order, and the Service Description located here; https://www.restaurantlogin.com/oracle-restaurants-estore-online-ordering-service-descriptions. Except as otherwise stated in this Master Agreement or Your order, You have the non-exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Master Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with this Master Agreement and Your order.

1.2 During the Services Period, we may update the Services and the applicable Services Descriptions to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Third Party Content (as defined below). Oracle updates to the Services and Service Descriptions will not materially reduce the level of performance, functionality, security or availability of the Services during the Services Period of Your order. If You do not accept technical updates to the Services, Your functionality may be impacted and Oracle will neither have an obligation to assist with technical issues associated with Your failure to implement the technical updates nor any liability for performance issues as a result of Your failure to implement the technical updates.

1.3 You may not, and may not cause or permit others to: (a) use the Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe intellectual or other property rights; sell, manufacture, market and/or distribute any product or service in violation of applicable laws; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the Services; (c) perform or disclose any performance or vulnerability testing of the Services without Oracle’s prior written approval, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking or remote access testing of the Services; or (d) use the Services to perform cyber currency or crypto currency mining ((a) through (d) collectively, the “Acceptable Use Policy”). In addition to other rights that we have in this Master Agreement and Your order, we have the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy. 1.4 In the event You choose to use an Oracle authorized partner to purchase the Services herein for Your restaurant, then this Master Agreement applies to Your use of the Services. In the event You purchase other products and services offered by an Oracle authorized partner, then the terms and conditions agreed upon by You and such partner will govern the delivery and Your use of such other products and services.

2. FEES AND PAYMENT

2.1 All fees payable are due at the time Your order is placed with Oracle, unless otherwise stated in Your order. Once placed, Your order is non-cancelable and the sums paid non-refundable, except as provided in this Master Agreement or Your order. You will pay any sales, value-added or other similar taxes imposed by applicable law that we must pay based on the Services You ordered, except for taxes based on our income. Fees for Services listed in an order are exclusive of taxes and expenses, unless expressly stated otherwise in Your order.

2.2 If You exceed the quantity of Services ordered, then You promptly must purchase and pay fees for the excess quantity.

3. OWNERSHIP RIGHTS AND RESTRICTIONS

3.1 You or Your licensors retain all ownership and intellectual property rights in and to Your Content (as defined below). We or our licensors retain all ownership and intellectual property rights in and to the Services, derivative works thereof, and anything developed or delivered by or on behalf of us under this Master Agreement.

3.2 You may have access to Third Party Content through the use of the Services. Unless otherwise stated in Your order, all ownership and intellectual property rights in and to Third Party Content and the use of such content is governed by separate third party terms between You and the third party.

3.3 You have the authority to and do grant us the right to host, use, process, display and transmit Your Content to provide the Services pursuant to and in accordance with this Master Agreement and Your order. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content, and for obtaining all rights related to Your Content required by Oracle to perform the Services.

3.4 Except as permitted by this Master Agreement or Your order, You may not, and may not cause or permit others to: (a) modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, republish, download, or copy any part of the Services (including data structures or similar materials produced by programs); (b) access or use the Services to build or support, directly or indirectly, products or services competitive to Oracle; or (c) license, sell, transfer, assign, distribute, outsource, permit timesharing or service bureau use of, commercially exploit, or make available the Services to any third party.

4. NONDISCLOSURE

4.1 By virtue of this Master Agreement, the parties may disclose to each other information that is confidential (“Confidential Information”). You agree to disclose only information that is required for the performance of obligations under this Master Agreement. Confidential Information shall be limited to the terms and pricing under this Master Agreement and Your order, Your Content residing in the Services, and all information clearly identified as confidential at the time of disclosure.

4.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.

4.3 Each party agrees not to disclose the other party’s Confidential Information to any third party other than as set forth in the following sentence for a period of five years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, we will protect the confidentiality of Your Content residing in the Services for as long as such information resides in the Services. Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Master Agreement, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law.

5. PROTECTION OF YOUR CONTENT

5.1 In order to protect Your Content provided to Oracle as part of the provision of the Services, Oracle will comply with the applicable administrative, physical, technical and other safeguards, and other applicable aspects of system and content management as set forth in the Oracle Security Policy available at: https://www.restaurantlogin.com/corporate-security-practices.

5.2 To the extent Your Content includes personal information (as that term is defined in the applicable Oracle Restaurants eStore Privacy Policy and the Oracle Restaurants eStore Data Processing Agreement), Oracle will furthermore comply with the following:

a. the most recent version of the Oracle Restaurants eStore Privacy Policy located at: https://www.restaurantlogin.com/privacy as applicable to the Services; and

b. the applicable version of the Oracle Restaurants eStore Data Controller Terms in Attachment A and the Oracle Restaurants eStore Data Processing Agreement in Attachment B, which will remain in force during the Services Period of Your order.

5.3 You are responsible for (a) complying with Your obligations under applicable privacy, data protection, cookie and other tracking technology, and other laws related to Your collection and use of Your Content, including providing any notices required under applicable laws, and obtaining and maintaining any required consents (including opt-in consents and managing opt-outs) and/or any authorizations required for Your use of the Services and related to Your provision of, and our processing of, Your Content (including any personal information) as part of the Services, (b) any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Content, and (c) any use by You or Your Users of the Services in a manner that is inconsistent with the terms of this Master Agreement and/or Your order. Notices and consents must sufficiently inform Your Users or Individuals (defined below) of the personal information processed under this Master Agreement. To the extent You disclose or transmit Your Content to a third party, we are no longer responsible for the security, privacy, or confidentiality of such content outside of Oracle’s control.

5.4 You agree to maintain an easily accessible privacy policy notice conspicuously located on Your restaurant website. Your privacy links must contain the word “Privacy,” “Data Privacy,” and “Cookie” (or their equivalents in the applicable jurisdiction) as may be required under applicable laws, and Your home page must provide any hyperlinks required under applicable laws. Your privacy policy is required to be easy to understand and provide sufficient details describing: (i) what personal information You collect and share, (ii) the circumstances in which You share it, (iii) the purpose(s) for which You share it (including for the purposes specified in the Oracle Restaurants eStore Privacy Policy), (iv) the name or type of organization(s) You are sharing it with, and (v) any additional information required under applicable laws.

5.5 To the extent You use cookies or other tracking technologies on Your sites, You must use notice and consent tools on those sites that comply with applicable laws and that inform Your Users that the site(s) uses cookies or other tracking technologies and that by visiting the site(s), Your Users are providing informed consent to Your use of cookies or other tracking technologies.

5.6 You acknowledge and agree that by using the available Cookie Consent Manager feature (“CCM Tool”), You are subject to laws governing collection of behavior data that may vary by region and jurisdiction. In the event You access and use such CCM Tool, You are solely responsible for ensuring and determining that the features and controls provided by the CCM Tool meet Your requirements. You are responsible for providing all notices and disclosures of any cookies or other tracking technologies used and for managing consent from Your Users and Individuals associated with Your use of the CCM Tool, regardless of any features provided by the CCM Tool to aid in such provision and collection. You are solely responsible for verifying that the functionality of the CCM Tool meets Your and any legal and regulatory requirements associated with Your use and processing of data collected through the CCM Tool.

5.7 Your Content may not include any data that imposes specific data security, data protection, or regulatory obligations on Oracle in addition to or different from those specified in the Oracle Restaurants eStore Data Processing Agreement or this Master Agreement.

5.8 THIS SUBSECTION 5.8 ONLY APPLIES IF YOU WILL INVITE THIRD PARTY RESTAURANTS TO SHARE INFORMATION IN YOUR RESTAURANT ACCOUNT

You agree that if You invite third party restaurants to share information with You, via a multi-location dashboard, (“Shared Account”) on behalf of You and other third party restaurants, including but not limited to Your: (i) wholly, majority or minority owned entities, (ii) franchisees, (iii) managed entities, or (iv) affiliates (each third party restaurant a "Participant" or collectively, "Participants"), then You agree that You are the sole “Administrator” of the Shared Account, and You will administer the Shared Account solely for Your and each Participants' internal business operations subject to all of the following conditions: (a) such use by a Participant, with a separate valid agreement directly with Oracle, by virtue of clicking to agree to the same terms and conditions set forth herein and that accepts Your invite to participate in such Shared Account, is subject to the terms and conditions of this Master Agreement ("Participant Master Agreement") and all applicable order(s), (b) You agree, and You are responsible for notifying each Participant, that: (i) the use of the Shared Account is subject to Your and each Participant's compliance with this Master Agreement and the applicable order(s), in such use, including, without limitation, any terms and conditions limiting the use of the Services to the quantity and type of users, storage, Services Period, and/or any other attributes defining such Services set forth in the applicable order, and (ii) nothing in these terms is deemed to result in any change to Oracle’s rights, duties and/or obligations under this Master Agreement and Your order, or any Participant's Master Agreement or applicable order(s), or otherwise expand, modify or alter any right to use, or use of, the Services, (c) You will not grant access to and/or invite a Participant to access to the Shared Account unless such Participant clicks to accept the invite and such Participant has a valid Participant Master Agreement and order, (d) such use by each Participant is allowed only for so long as such Participant qualifies as a Participant under this Master Agreement, and (e) You agree to provide Oracle thirty days advance written notice of any disqualification of a Participant.

Notwithstanding anything to the contrary in this Master Agreement, Your order, and/or the Oracle Restaurants eStore Data Processing Agreement, You acknowledge and agree that You are responsible for notifying each Participant in advance of such Participant's access to and use of the Shared Account that: (i) the information of each individual Participant and You may be shared, commingled, accessed and used by You and all Participants, and You and all Participants are responsible for providing required notices and/or obtaining required consents to make such information available in such manner, (ii) Oracle will provide the Services in accordance with standard capacity and management and will not provide any additional instances or deployments of the Services as a result of access to and use of the Shared Account by a Participant(s), (iii) access to some or all of the Shared Account may be suspended or terminated without liability to Oracle if, in Oracle’s reasonable judgment, there is improper use of the Shared Account by You or any Participant, and (iv) Oracle will treat You, as Administrator of the Shared Account, as responsible for the handling of information in the Shared Account and Oracle will follow reasonable instructions (including for data processing requirements) only from You in the event of conflicting instructions from a Participant.

In the event You decide to disable, suspend, terminate, decommission or not renew (for purposes of these terms, "Terminate") Your, or a Participant's, access to or use of a Shared Account (each such event an "Action" and collectively "Actions"), You shall: (a) provide Oracle and each Participant written notice at least thirty days in advance of the date You take such Action ("Notice"), and (b) indemnify and hold Oracle harmless from any and all claims, damages, and liabilities arising out of or related to (x) Your failure to provide such Notice(s) and (y) Your Action and/or Actions.

Notwithstanding the foregoing and subject to the terms of this Master Agreement and the applicable order, You agree that if You wish to transition out of a Shared Account permanently, You will continue to renew Your applicable Services order(s) for such Shared Account and remain the Administrator for the benefit of all Participants with active Services orders placed by such Participants directly with Oracle for the Shared Account until all such Participants are transitioned out of such Shared Account.

In no event will: (i) Oracle be the Administrator of the Shared Account or a controller of the information in the Shared Account and (ii) You share Your Administrator credentials with any third parties, including Your Participants. If You share Your Administrator credentials with any third party, including Your Participant(s) or a User, then You agree that Oracle may treat such third party as Your authorized agent and You are liable for any actions of such third party using such credentials. In the event of any conflict between the Oracle Restaurants eStore Data Processing Agreement and this subsection 5.8 then, this subsection 5.8 shall control. For clarification, "You" in the Oracle Restaurants eStore Data Processing Agreement refers solely to You as Administrator of the Shared Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE AGGREGATE LIABILITY OF ORACLE AND OUR AFFILIATES ARISING OUT OF OR RELATED TO THE MISAPPROPRIATION OF NON-PUBLIC PERSONAL INFORMATION, RESIDING IN A SHARED ACCOUNT, THAT RESULTS SOLELY FROM ORACLE’S BREACH OF ITS SECURITY PRACTICES, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, ONE THOUSAND US DOLLARS (US $1,000). YOU WARRANT THAT YOU WILL NOTIFY EACH OF YOUR PARTICIPANTS PARTICIPATING IN ANY SHARED ACCOUNT OF THIS LIABILITY CAP AND THAT ANY PAYMENTS MADE IN ACCORDANCE WITH THIS PARAGRAPH WILL BE PAID DIRECTLY TO YOU AS ADMINISTRATOR. YOU FURTHER AGREE THAT YOU WILL INDEMNIFY AND HOLD ORACLE HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, AND LIABILITIES ARISING OUT OF OR RELATED TO CLAIMS BY YOUR PARTICIPANTS RELATED TO THIS PARAGRAPH AND THE LIABILITY CAP.

5.9 THIS SUBSECTION 5.9 ONLY APPLIES IF YOU CHOOSE TO ACCEPT AN INVITE TO SHARE INFORMATION IN A RESTAURANT ACCOUNT ADMINISTERED BY A THIRD-PARTY RESTAURANT CUSTOMER

You agree that, if You accept an invite from a third party restaurant customer of Oracle to share information in such third party’s restaurant account ("Shared Account"), then You agree that Your information and reporting in the Shared Account may be accessible by the third party that sent the invite (hereinafter referred to as “Administrator”) and all other third party entity participants in such Shared Account (You and all such other third party entity participants referred to as "Participants"). You further acknowledge and agree that: (i) all information in the Shared Account may be shared, commingled, accessed and used without restriction by the Administrator and all Participants, and You are responsible for providing required notices and/or obtaining required consents to make such information available in such a manner, (ii) Oracle will provide the Services in accordance with standard capacity and management and will not provide any additional instances or deployments of the Services as a result of access to and use of the Shared Account by You, (iii) access to the Shared Account may be partially or fully suspended or terminated without liability to Oracle if, in Oracle’s reasonable judgment, there is improper use of the Shared Account by You, the Administrator or any Participant, (iv) the Administrator may direct Oracle to limit the functionality of some of the Services in the Shared Account, and (v) Oracle will treat the Administrator as responsible for the handling of all information in the Shared Account and Oracle will follow instructions (including for data processing requirements) only from the Administrator in the event of conflicting instructions. Nothing in these terms is deemed to: (a) relieve You of the obligation to use the Services in the Shared Account in accordance with the terms and conditions of this Master Agreement and the applicable order, including, without limitation, any terms and conditions limiting the use of the Services to the quantity and type of users, storage or environments, Services Period, and/or any other attributes defining such Services set forth in the applicable order, or (b) result in any change to Oracle’s rights, duties and/or obligations under this Master Agreement and the applicable order or otherwise expand, modify or alter any right to use, or use of, the Services.

In no event will Oracle be the Administrator of the Shared Account. In the event of any conflict between the Oracle Restaurants eStore Data Processing Agreement and this subsection 5.9, then this subsection 5.9 shall control. For clarification, "You" in the Oracle Restaurants eStore Data Processing Agreement refers solely to the Administrator of the Shared Account and not "You" as a Participant. You agree to defend and hold Oracle harmless from any claim that alleges damages or liability related to the administration of a Shared Account by the Administrator and/or control, access to, or use of the information in such Shared Account by the Administrator or any Participant.

In the event You no longer qualify as a Participant of the Shared Account due to a change in contractual relationship with Oracle or the Administrator, then all of Your Oracle orders related to such Shared Account may be terminated immediately without further obligation by Oracle. In no event will Oracle be liable for any claims, damages, or liabilities arising out of termination under this paragraph.

In the event the Administrator disables, suspends, terminates, or decommissions Your access to or use of a Shared Account for any reason, You acknowledge and agree that in no event will Oracle be liable for any claims, damages, or liabilities arising out of such actions by the Administrator.

NOTWITHSTANDING ANTYHING TO THE CONTRARY, THE AGGREGATE LIABILITY OF ORACLE AND OUR AFFILIATES ARISING OUT OF OR RELATED TO THE MISAPPROPRIATION OF NON-PUBLIC PERSONAL INFORMATION, RESIDING IN A SHARED ACCOUNT, THAT RESULTS SOLELY FROM ORACLE’S BREACH OF ITS SECURITY PRACTICES, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, ONE THOUSAND US DOLLARS (US $1,000) FOR YOU, THE ADMINISTRATOR, AND ALL PARTICIPANTS PARTICIPATING IN SUCH SHARED ACCOUNT. ANY AMOUNTS OWED UNDER THE PRECEDING SENTENCE SHALL BE PAID DIRECTLY TO THE ADMINISTRATOR AND IF ANY PRO-RATED PORTION IS ATTRIBUTABLE DIRECTLY TO YOU, THEN SUCH PRO-RATED PORTION WILL ONLY BE DISTRIBUTED TO YOU BY THE ADMINISTRATOR. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BRING A CLAIM AGAINST AND HOLD ORACLE HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, AND LIABILITIES ARISING OUT OF OR RELATED TO THIS PARAGRAPH AND THIS LIABILITY CAP, INCLUDING ANY PAYMENTS MADE DIRECTLY TO THE ADMINISTRATOR.

6. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES

6.1 Each party represents that it has validly entered into this Master Agreement and that it has the power and authority to do so.

6.2 THE SERVICES ARE PROVIDED AS-IS, AND WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ALSO NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES.

6.3 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. LIMITATION OF LIABILITY

7.1 IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS (EXCLUDING FEES UNDER THIS MASTER AGREEMENT), SALES, DATA, DATA USE, GOODWILL, OR REPUTATION.

7.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORACLE AND OUR AFFILIATES ARISING OUT OF OR RELATED TO THIS MASTER AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID UNDER YOUR ORDER FOR THE ORACLE PRODUCTS OR SERVICES GIVING RISE TO THE LIABILITY DURING THE MONTH IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY.

8. INDEMNIFICATION

With the exception of Section 24 below, Oracle has no indemnification obligations under this Master Agreement.

9. TERM AND TERMINATION

9.1 Unless this Master Agreement is terminated earlier, You may place orders governed by this Master Agreement for a period of one month from the date You accept this Master Agreement and place an order, unless otherwise stated in Your order. This Master Agreement will automatically extend monthly if neither party notifies the other party in writing of its intention to terminate this Master Agreement prior to the expiration of the then current monthly term. Even if terminated, this Master Agreement will continue to govern any order for the duration of the Services Period of such order.

9.2 Services shall be provided for the Services Period defined in Your order.

9.3. We may fully suspend or limit Your and/or Your Users’ access to, or use of, the Services if: (a) we believe that there is a significant threat to the functionality, security, integrity, or availability of the Services or any content, data, or applications in the Services; (b) You or Your Users are accessing or using the Services to commit an illegal act; or (c) Your non-payment, if payment is due but not paid for ten days; (d) there are violations of Your obligations under this Master Agreement (including, but not limited to, ethical business practices); (e) there are violations of the Acceptable Use Policy; (f) there are intellectual property infringement claims against You by Oracle or a third party; or (g) You provided false account or payment information or Your digital payment method is refused. When reasonably practicable and lawfully permitted, we will provide You with advance notice of any such suspension. For Services with the applicable operational capability, Oracle will use reasonable efforts to limit any suspension only to the portion of the Services related to the issue causing suspension. We will use reasonable efforts to re-establish the Services promptly after we determine that the issue causing the suspension has been resolved. During any suspension period with limited use, we will make Your Content (as it existed on the suspension date) available to You. Any suspension under this subsection 9.3 shall not excuse You from Your payment obligations.

9.4 If either of us breaches a material term of this Master Agreement or any order and fails to correct the breach within 15 days of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate: (a) in the case of breach of any order, the order under which the breach occurred; or (b) in the case of breach of this Master Agreement, this Master Agreement and any orders that have been placed under this Master Agreement. If we terminate any orders as specified in the preceding sentence, You must pay within 10 days all amounts that have accrued prior to such termination, as well as all sums remaining unpaid for the terminated order(s) plus related taxes and expenses. Except for nonpayment of fees, the non-breaching party may agree in its sole discretion to extend the 15 day cure period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if You are in default under this Master Agreement and/or Your order, You may not use those Services ordered.

9.5 At the end of the Services Period, we will make Your Content (as it existed at the end of the Services Period) available for retrieval by You for 30 days. Following the retrieval period, and except as may be required by law, we will delete any of Your Content that remains in the Services.

9.6 Subject to subsection 9.5 above, in the event Your use of the Services is inactive for a period of five months, then You will be notified that Your Services and this Master Agreement will be deemed terminated, with no further obligations on Oracle, if the inactivity continues for a period of six consecutive months.

9.7 Provisions that survive termination or expiration of this Master Agreement are those relating to limitation of liability, indemnification, payment and others which by their nature are intended to survive.

10. THIRD PARTY CONTENT, SERVICES AND WEBSITES

10.1 The Services may enable You to link to, transfer Your Content or Third Party Content to, or otherwise access, third parties’ websites, platforms, content, products, services, and information (“Third Party Services”). Oracle does not control and is not responsible for Third Party Content or Third Party Services. You are solely responsible for complying with the terms of access and use of Third Party Services, and if Oracle accesses or uses any Third Party Services on Your behalf to facilitate performance of the Services, You are solely responsible for ensuring that such access and use, including through passwords, credentials or tokens issued or otherwise made available to You, is authorized by the terms of access and use for such services. If You transfer or cause the transfer of Your Content or Third Party Content from the Services to a Third Party Service or other location, that transfer constitutes a distribution by You and not by Oracle.

10.2 Any Third Party Content we make accessible is provided on an “as-is” and “as available” basis without any warranty of any kind. We disclaim all liabilities arising from or related to Third Party Content. 10.3 You acknowledge that: (a) the nature, type, quality and availability of Third-Party Content may change at any time during the Services Period, and (b) features of the Services that interoperate with Third Party Services, such as Facebook™, YouTube™ and X™, etc., depend on the continuing availability of such third parties’ respective application programming interfaces (APIs). We may need to update, change or modify the Services under this Master Agreement as a result of a change in, or unavailability of, such Third-Party Content, Third Party Services or APIs. Any change to Third Party Content, Third Party Services or APIs, including their unavailability, during the Services Period does not affect Your obligations under this Master Agreement or the applicable order, and You will not be entitled to any refund, credit or other compensation due to any such changes.

11. SERVICE MONITORING, ANALYSES AND ORACLE-PROVIDED SOFTWARE

11.1 We continuously monitor the Services to facilitate Oracle’s operation of the Services to detect and address threats to the functionality, security, integrity, and availability of the Services as well as any content, data, or applications in the Services; and to detect and address illegal acts or violations of the Acceptable Use Policy. Oracle monitoring tools do not collect or store any of Your Content residing in the Services, except as needed for such purposes. Oracle does not monitor, and does not address issues with, non-Oracle software provided by You or any of Your Users that is stored in, or run on or through, the Services. Information collected by Oracle monitoring tools (excluding Your Content) may also be used to assist in managing Oracle’s product and service portfolio, to help Oracle address deficiencies in its product and service offerings, and for license management purposes.

11.2 We may: (a) compile statistical and other information related to the performance, operation and use of the Services, and (b) use data from the Services in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (above clauses (a) and (b) are collectively referred to as “Service Analyses”). We retain all intellectual property rights in Service Analyses.

11.3 We may provide You with the ability to obtain certain Oracle-provided Software (as defined below) for use with the Services. Unless we specify that separate terms will apply to Oracle-provided Software, any Oracle-provided Software is provided as part of the Services and You have the non-exclusive, worldwide, limited right to use, and allow Your Users to use, such Oracle-provided Software, subject to the terms of this Master Agreement and Your order, solely to facilitate Your authorized use of the Services. Your right to use any Oracle-provided Software will terminate upon the earlier of our notice (by web posting or otherwise) or the end of the Services associated with the Oracle-provided Software. Your right to use any part of the Oracle-provided Software that is licensed under the separate terms is not restricted in any way by this Master Agreement.

12. EXPORT

12.1 Export control and economic sanctions laws and regulations (“export laws”) of the United States and any other relevant local export laws apply to the Oracle products and services ordered under this Master Agreement. Such export laws govern use of the Oracle products and services (including technical data) and any Oracle products or services deliverables provided under this Master Agreement, and You and we each agree to comply with all such export laws (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, software programs and/or materials resulting from the Oracle products or services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

12.2 You acknowledge that the Services are designed with capabilities for You and Your Users to access the Services without regard to geographic location and to transfer or otherwise move Your Content between the Services and other locations such as User workstations. You are solely responsible for the authorization and management of User accounts across geographic locations, as well as export control and geographic transfer of Your Content.

13. FORCE MAJEURE

Neither You nor we shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including, without limitation, an embargo, economic sanction or the denial or cancelation of any export, import or other license); or other event outside the reasonable control of the obligated party. Both You and we will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either of You or we may cancel unperformed Services and affected orders upon written notice. This Section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to pay for the Services.

14. GOVERNING LAW AND JURISDICTION

This Master Agreement is governed by the substantive and procedural laws of Romania and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in Bucharest, Romania, in any dispute arising out of or relating to this Master Agreement.

15. NOTICE

15.1 Any notice required under this Master Agreement shall be provided to the other party in writing. If You have a legal dispute with us or if You wish to provide a notice under the Indemnification Section of this Master Agreement, or if You become subject to insolvency or other similar legal proceedings, You will promptly send written notice to: Oracle Romania S.R.L., having its headquarters in Bucharest, District 2, 43 Pipera Street, Floreasca Park, Building B, floor 4 minus room 4114, Romania, Attention: Legal Department.

15.2 We may give notices applicable to our Services customers by means of a general notice on the Oracle portal for the Services, and notices specific to You: (a) by electronic mail to Your e-mail address on record in our account information or (b) by written communication sent by first class mail or pre-paid post to Your address on record in our account information.

16. ASSIGNMENT

16.1 You may not assign this Master Agreement or give or transfer the Services or any interest in the Services to another individual or entity.

16.2 Notwithstanding subsection 16.1, You may assign all orders placed under this Master Agreement, unless prohibited herein or in an order, to an entity that acquires all or substantially all of Your assets ("Assignee"), if the following conditions are satisfied and You comply with the instructions located here: https://www.restaurantlogin.com/assignment-of-services-and-account-ownership:

(i) You must send advance written notice to Oracle of Your desire to assign this Master Agreement and all orders placed under this Master Agreement in full;

(ii) The Assignee must not be a competitor of Oracle;

(iii) The Assignee must have at least substantially similar creditworthiness compared to You, and may not have a history of delinquent payments to Oracle;

(iv) The Assignee must not be located in or conduct business in a U.S. sanctioned country;

(v) The Assignee must not have a history of litigation with Oracle or be involved in active litigation with Oracle;

(vi) You must not be in breach of this Master Agreement or any order placed under this Master Agreement;

(vii) You and/or the Assignee must pay all fees due for the orders being assigned, as of the assignment effective date, no later than 10 days from the assignment effective date or the assignment will be void;

(viii) You must obtain all rights and consents necessary for the Assignee to access, modify, delete and otherwise control Your Content in the Services;

(ix) the assignment must not change Oracle’s rights and obligations under this Master Agreement and all orders placed under this Master Agreement, including how Oracle delivers the Services.

(x) You must make Oracle aware of any user account changes necessary as a result of the assignment (additional fees may apply);

(xi) all documentation and other materials received from Oracle relating to the orders must be immediately transferred from You to the Assignee and, once transferred to the Assignee, You must delete, destroy or render inaccessible any such remaining documentation and other materials including any copies thereof;

For clarification, partial assignment of this Master Agreement and/or any order placed under this Master Agreement is not permitted without express written permission from Oracle.

Subject to the foregoing: (a) Oracle will have no liability to You for any actions taken by the Assignee, or by Oracle when acting under the Assignee’s instructions provided in accordance with this Master Agreement, including without limitation the modification or deletion of Your Content or other materials, and (b) Oracle will transfer the Services and Your Content therein to the Assignee, and You must immediately stop accessing and using the Services.

16.3 If You are an Assignee herein, then by clicking “I Agree and Continue” in this Master Agreement and/or Your use of the assigned Services is deemed acceptance of the terms of the Master Agreement, including section 16.2.

16.4 In no event may the Oracle Payment eStore Cloud Service and/or or the Adyen Hardware Devices in Sections 21 through 25 below be assigned to a third party.

17. OTHER

17.1 We are an independent contractor, and each party agrees that no partnership, joint venture, or agency relationship exists between the parties.

17.2 Our business partners and other third parties, including any third parties with which the Services have integrations or that are retained by You to provide consulting services, implementation services or applications that interact with the Services, are independent of Oracle and are not Oracle’s agents. Even if recommended by us, we are not liable for, bound by, or responsible for any problems with the Services or Your Content arising due to any acts or omissions of any business partner or third party, unless the business partner or third party is providing Services as our subcontractor or is otherwise engaged by Oracle in connection with performance of its obligations under this Master Agreement, and, if so, then only to the same extent as we would be responsible for our resources under this Master Agreement.

17.3 If any term of this Master Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with another term consistent with the purpose and intent of this Master Agreement.

17.4 Except for actions for non-payment or breach of Oracle’s proprietary rights, no action, regardless of form, arising out of or relating to this Master Agreement may be brought by either party more than two years after the cause of action has accrued.

17.5 Prior to entering into an order governed by this Master Agreement, You are solely responsible for determining whether the Services meet Your technical, business or regulatory requirements. Oracle will cooperate with Your efforts to determine whether use of the standard Services are consistent with those requirements. Additional fees may apply to any additional work performed by Oracle or changes to the Services. You remain solely responsible for Your regulatory compliance in connection with Your use of the Services.

17.6 Upon forty-five (45) days written notice and no more than once every twelve (12) months, Oracle may audit Your use of the Services to ensure Your use of the Services is in compliance with the terms of the applicable order and this Master Agreement. Any such audit shall not unreasonably interfere with Your normal business operations.

You agree to cooperate with Oracle’s audit and to provide reasonable assistance and access to information reasonably requested by Oracle.

The performance of the audit and non-public data obtained during the audit (including findings or reports that result from the audit) shall be subject to the provisions of section 4 (Nondisclosure) of this Master Agreement.

If the audit identifies non-compliance, You agree to remedy (which may include, without limitation, the payment of any fees for additional Services) such non-compliance within 30 days of written notification of that non-compliance. You agree that Oracle shall not be responsible for any of Your costs incurred in cooperating with the audit.

18. MARKETING

Oracle may refer to You as an Oracle customer of the ordered Services in sales presentations, marketing vehicles and activities.

19. ENTIRE AGREEMENT

19.1 You agree that this Master Agreement and the information which is incorporated into this Master Agreement by written reference (including reference to information contained in a URL or referenced policy), together with the applicable order, is the complete agreement for the Oracle products and services ordered by You and supersedes all prior or contemporaneous agreements, proposals, negotiations, demonstrations or representations, written or oral, regarding such Oracle products and services.

19.2 It is expressly agreed that the terms of this Master Agreement and any Oracle order shall supersede the terms in any purchase order, procurement internet portal, or other similar non-Oracle document, and no terms included in any such purchase order, portal, or other non-Oracle document shall apply to Your Oracle order. In the event of any inconsistencies between the terms of an order and this Master Agreement, the order shall take precedence; however, unless expressly stated otherwise in an order, the terms of the Oracle Restaurants eStore Data Processing Agreement shall take precedence over any inconsistent terms in an order. No third party beneficiary relationships are created by this Master Agreement.

20. MASTER AGREEMENT DEFINITIONS

20.1 “Individual” shall have the same meaning as the term “data subject” or the equivalent term under applicable data protection law.

20.2 “Oracle-provided Software” means any software agent, application or tool that Oracle makes available to You specifically for purposes of facilitating Your access to, operation of, and/or use with, the Services.

20.3 “Third Party Content” means all software, data, text, images, audio, video, photographs and other content and material, in any format, that are obtained or derived from third party sources outside of Oracle that You may access through, within, or in conjunction with Your use of, the Services. Examples of Third Party Content include data feeds from social network services, rss feeds from blog posts, Oracle data marketplaces and libraries, dictionaries, and marketing data. Third Party Content includes third-party sourced materials accessed or obtained by Your use of the Services or any Oracle-provided tools.

20.4 “Users” means, for Services, those employees, contractors, and end users, as applicable, authorized by You or on Your behalf to use the Services in accordance with this Master Agreement and Your order. For Services that are specifically designed to allow Your clients, agents, customers, suppliers or other third parties to access the Services to interact with You or perform actions directed by You, such third parties will be considered “Users” subject to the terms of this Master Agreement and Your order.

20.5 “Your Content” means all software, data (including personal information), text, images, audio, video, photographs, non-Oracle or third party applications, and other content and material, in any format, provided by You or any of Your Users that is stored in, or run on or through, the Services. Services under this Master Agreement, Oracle-provided Software, other Oracle products and services, and Oracle intellectual property, and all derivative works thereof, do not fall within the meaning of the term “Your Content.” Your Content includes any Third Party Content that is brought by You into the Services by Your use of the Services or any Oracle-provided tools.

US ONLY In the event You purchase the Oracle Point of Sale eStore Cloud Service, including the Oracle Payment eStore Cloud Service, and any associated point of sale hardware devices, the following terms and conditions apply, as applicable.

For clarification and the avoidance of doubt, the entire Master Agreement governs the Oracle Point of Sale eStore Cloud Service, the Oracle Payment eStore Cloud Service, and the point of sale hardware devices as “Services,” as applicable, however, in the event of a conflict between the terms and conditions of Sections 1 – 20 of this Master Agreement and Sections 21 through 25 below, then Sections 21 through 25 will take precedence for purposes of the Oracle Point of Sale eStore Cloud Service, the Oracle Payment eStore Cloud Service, and the point of sale hardware devices. Hereinafter, such “Services” will each be referred to as the “POS eStore Cloud Service,” the “Payment eStore Cloud Service,” and “Hardware Devices,” respectively, or “Services” when referring to all three collectively.

The minimum base Services must be purchased together for the first order at each restaurant location, and there is a minimum 2-year Services from the date the order is placed (“Initial Order”), which will renew monthly after the initial Services Period expires. Once the Initial Order is placed for each single restaurant location, You may purchase additional add-on Services for such restaurant location, however, in no event may You use more than five total “Workstations” (defined below in Section 22.4) for any single restaurant location, and as described in the Service Description located here: https://www.restaurantlogin.com/oracle-restaurants-estore-POS-service-descriptions.

21. ORACLE PAYMENT eSTORE CLOUD SERVICE TERMS

a) Price List

Subject to the notice provision in subsection i) below, You will be charged and will pay for each payment processed through the Payment eStore Cloud Service and for each Chargeback (as defined below in subsection c) incurred in accordance with Oracle’s then-current price list for the Payment eStore Cloud Service, which can be found at: https://www.restaurantlogin.com/oracle-restaurants-estore-payment-service.

b) Adyen for Platforms Payment Processing Terms and Conditions for the Payment eStore Cloud Service

You acknowledge and agree that the payment processing services provided in connection with this Master Agreement and Your applicable order(s) for the Payment eStore Cloud Service (“Payment Processing Services”) will be provided to You by Adyen N.V. (“Processor”). By agreeing to the terms and conditions of this Master Agreement and placing an order for the POS eStore Cloud Services, which includes the Payment eStore Cloud Service, You are entering into the Adyen For Platforms Terms and Conditions, located at: https://www.adyen.com/legal/terms-and-conditions-adyen-for-platforms-2022, directly with the Processor for the Payment Processing Services and You represent and warrant that You will comply with the terms and conditions of the APTC as they apply to You as a "Merchant” for purposes of this Master Agreement and Your applicable order(s). Oracle represents and warrants that it will comply with the APTC as such terms and conditions apply to Oracle as the “Marketplace” for the purposes of Your order. Oracle will be the single point of contact for all services provided by the Processor in connection with Your order, however, any breach by the Processor of the APTC does not constitute a breach by Oracle, and any disputes and/or legal claims under the APTC are the responsibility of the Processor, per the APTC. In the event of a conflict between this Master Agreement, Your order, and the APTC, the terms of this Master Agreement and Your order will take precedence. In no event may You use the POS eStore Cloud Service with a third party payment processor that is not Adyen.

c) Exceptions to the APTC

Notwithstanding the requirement for You to comply with the APTC, the parties agree as follows:

i. Business Day: For purposes of this Master Agreement and Your applicable order(s), a Business Day shall mean a day other than Saturday or Sunday on which banks are open for business in the United States local time.

ii. Chargeback: is defined as an occurrence when a customer disputes the validity of a Processed Payment, defined in the Service Description located at: https://www.restaurantlogin.com/oracle-restaurants-estore-POS-service-descriptions without regard to the ultimate resolution or disposition of such dispute. Chargeback pricing is expressed as a fixed fee in the applicable currency and is applied for each Chargeback.

d) Access to the Payment Processing Services

As part of the Payment eStore Cloud Service, Oracle will enable You to connect to the systems of the Processor to be able to use the Payment Processing Services, and also provide first line assistance with such Processor systems, as set forth in this Master Agreement. For this purpose, You hereby acknowledge and agree that the Processor will provide Oracle access to Your information and settings in the Processor’s systems, which are used by the Processor to provide the Payment Processing Services, and You authorize Oracle to manage such information and settings on Your behalf. You also represent and warrant that You have provided all notices and procured all consents necessary to share the information in this manner. For clarification and the avoidance of doubt, in no event will Oracle act as a payment processor in connection with the Payment eStore Cloud Service or have access to any payment card information.

You hereby authorize and instruct Oracle, as a payment facilitator, to submit transactions on Your behalf for processing through the Payment Processing Services and to monitor Your use of the Payment Processing Services. e) Pre-requisites for the Payment eStore Cloud Service to Go-Live

You acknowledge and agree that, as pre-requisites to the Payment eStore Cloud Service You order going live, You must: (i) comply with Section 2.2 of the APTC and successfully complete all checks required therein, and (ii) place an Initial Order for the Services specified in the Service Description available here: https://www.restaurantlogin.com/oracle-restaurants-estore-POS-service-descriptions.

f) Restricted and Prohibited Products and Services

The right to use the Payment Processing Services is only for sales in Your legal entity name. You may not resell, assign, or otherwise allow third parties to use the Payment eStore Cloud Service or Payment Processing Services to enable such third parties to be paid for their separate services. You also may not use the Payment Processing Services for products and services that are not registered with Your application. By agreeing to the terms and conditions of this Master Agreement and submitting an order, You confirm that You will comply with the terms of the Processor’s ‘Prohibited and Restricted Products and Services List’ (located at https://www.adyen.com/legal/list-restricted-prohibited), as updated by the Processor from time to time, and You acknowledge and agree that that You will not use the Payment Processing Services for the sale of any type of product or service listed as ‘prohibited’ or ‘restricted’ therein, or that violates any applicable law or credit card scheme rule. Such restricted and prohibited products and services are subject to change. For clarification, the Prohibited and Restricted Products and Services List may include products and services that are legal in Your jurisdiction, therefore, it is recommended that You consult such list prior to placing Your Initial Order and prior to offering any new products and services at Your restaurant location thereafter.

Notwithstanding anything to the contrary, the Payment eStore Cloud Service may not be used to make purchases related to gambling or any gambling services, which include any games of skill where participants receive cash or cash equivalents or prizes with or of material value, and which include but are not limited to gambling or gambling services from or through casinos, poker games, bingo games, slot machines, betting, lotteries, racing, and/or fantasy sports.

If Oracle or the Processor discovers that the information You provided about Your business is incorrect or changed without You informing Oracle or the Processor, or if You violate any of the terms or conditions herein, then the Payment eStore Cloud Service and the Adyen Payment Processing Services may be suspended and/or terminated with immediate effect, and fines may be applied by the credit card scheme owners and/or regulatory authorities for unregistered or inappropriate use of the Adyen Payment Processing Services, which will be payable by You.

g) Payment Card Industry Data Security Standards ("PCI DSS")

You agree to be PCI DSS compliant for the duration of Your applicable order(s). In the event You are not PCI DSS compliant, then You will promptly notify Oracle of such non-compliance. You may be requested by Oracle, and You agree to provide to Oracle, information regarding Your PCI DSS compliance, such as attestations of compliance. You can find further information about the requirements under the PCI DSS at www.pcisecuritystandards.org.

h) Payment and Payout Funding Schedule

Notwithstanding anything to the contrary, the payment terms and frequency for Your Processed Payments using the Payment eStore Cloud Service are due in full immediately for each Processed Payment or Chargeback occurrence. Therefore, on a daily basis, Oracle shall receive all fees payable to Oracle for Your use of the Payment eStore Cloud Service. This will be accomplished by the Processor automatically deducting Oracle’s fees from all of Your Processed Payments prior to depositing Your net funds into Your designated bank account. If the Payment eStore Cloud Service is terminated and there are insufficient Processed Payments for the Processor to deduct all fees owed to Oracle, You will be billed by Oracle for the remaining amounts owed, and payment is due upon receipt.

i) Processing Rate Change

Oracle reserves the right to change the processing rates set forth on Oracle’s price list upon 30 days written notice to You. You agree that Oracle may provide such notice via a one-way letter to You. In the event You continue to use the Services after the 30 day notice period expires, then such use by You will be deemed acceptance of the change to the processing rates.

j) Other Amounts Payable to Oracle

You are fully responsible for claims, fines and costs caused by any non-compliance by You under this Master Agreement and Your order, applicable law, and/or credit card scheme rules, including any fines imposed by the credit card scheme owners or regulatory authorities. In such case, You agree to allow the Processor to deduct the relevant amount from Your merchant account. If Your merchant account does not contain enough funds to cover the relevant amount, then Oracle will invoice You for the relevant amount, and You agree to pay such invoice upon receipt.

To the extent Oracle pays taxes or levies penalties, interest, or surcharges due on any of the Services, and any direct costs or damages related thereto, You agree to reimburse Oracle, as applicable, in full. You agree to allow Adyen to deduct the amounts owed from Your merchant account. If Your merchant account does not contain enough funds to cover such amounts owed, then You agree to allow Oracle to invoice You for such amounts, and You agree to pay Oracle in full upon receipt of such invoice.

k) Taxes and 1099k Issuance

You agree to provide Your correct tax name, address, and Tax Identification Number (TIN), as reported and filed on Your US tax returns filed with the Internal Revenue Service (IRS), (collectively, referred to as "Tax Information"). It is solely Your responsibility and obligation to ensure that all Tax Information is updated and correct, and any changes must be updated within 15 days.

With respect to Your taxes, You and Oracle shall cooperate fully, as and to the extent reasonably requested by the other party, in connection with responding to any inquiry, assessments, or other proceeding with respect to Your taxes. Such cooperation shall include the retention and provision of records and any other information accessible by You and Oracle that are reasonably relevant to any inquiry, assessment, or other proceeding with respect to Your taxes. You and Oracle agree to provide reasonable access, on a mutually convenient basis, to information and explanation of any materials in response to any inquiry, assessment, or other proceedings with respect to Your taxes. You and Oracle agree to: (i) retain all books and records with respect to tax matters pertinent to the activities covered by an order entered into with any governmental entity, and (ii) use commercially reasonable efforts to give the other party reasonable written notice prior to destroying or discarding any such records and, if the other party so requests, as the case may be, shall allow the other party to take possession of such records. Notwithstanding anything to the contrary in this Master Agreement or Your order, Oracle agrees to notify You of any such inquiry, investigation, audit, assessments, other tax disputes, or other proceeding with respect to Your taxes, within 10 Business Days of receiving notification from the applicable tax authority or government entity, or from the Processor.

l) Negative Balance Responsibilities

In the event the balance in Your merchant account is insufficient or negative for any reason, including but not limited to fees owed to Oracle, Chargebacks, fines, penalties, taxes and fraud, You agree to pay Oracle directly upon receipt of an invoice from Oracle for any amounts owed to Oracle.

m) Reserve Account

You may be required to fund a reserve account. Funds held in a reserve account are amounts of money set aside to cover Chargebacks, refunds, or other payment obligations under this Master Agreement and Your order. Oracle will set the terms of Your reserve account and notify You of such terms, which may require that a certain amount of the funds received for a transaction are held for a period of time, or that You contribute additional amounts to the reserve account. Oracle may elect to change the terms of the reserve account at any time upon 30 days written notice to You. You agree that You are not entitled to any interest or other compensation associated with the funds held in the reserve account.

n) Offline Transactions

In the event You elect to accept offline transactions, You alone shall be responsible for any liability resulting from such transactions being declined when moved online and processed by the Processor. Oracle shall not have any liability resulting from such declined transaction.

o) Rounding of Rates and Fees

Fees will be rounded to the nearest .00 decimal place for billing and invoicing purposes. For example, 2.298 will be rounded up to 2.30 and 2.294 will be rounded down to 2.29.

p) No Assignment

Notwithstanding anything to the contrary, including Section 16 of this Master Agreement, You may not assign Your order(s) for the Payment eStore Cloud Service or the Payment Processing Services, or any interest therein, to another individual or entity.

q) Termination

In addition to any other termination rights Oracle may have, and notwithstanding any termination restrictions, Oracle may terminate this order if: (i) You are non-compliant with subsections a, b, e, f, g, h, j, k, l, m, or p herein, (ii) there are excessive Chargebacks, (iii) You do not submit any payments for processing for 30 days, and/or (iv) there is any fraudulent activity. All of Your payment obligations will survive termination of this Master Agreement and Your order.

Subject to the foregoing, If Oracle changes the rates, in accordance with subsection 21.i above, and You do not agree to such rate change, then You may terminate Your applicable order(s) so long as You provide Oracle with 30 days advance written notice of Your intention to terminate such order(s) and You pay Oracle an early termination fee, which will not exceed the remaining amounts owed during the two year Services Period of the Initial Order or other order.

22. HARDWARE DEVICES

The terms in this Section 22 only apply to an order that includes Hardware Devices.

22.1. “Hardware Device” is defined as point of sale hardware purchased under this Master Agreement that meets both of the following requirements: (a) the hardware is managed by or used as part of the Services, and (b) the hardware is designated as an Oracle Hardware Device by Oracle (and may include “Adyen Hardware Devices” sold by Oracle).

22.2. “Operating System” refers to the software that manages the Hardware Device. You have the right to use the Operating System delivered with the Hardware Device only as incorporated in, and as part of, the Hardware Device and subject to the terms of the license agreement(s) delivered with or on the Hardware Device. Current versions of the license agreements may be located in the documentation delivered with the Hardware Device.

22.3. “Integrated Software” refers to any software or programmable code that is embedded or integrated in a Hardware Device and enables the functionality of the Hardware Device. Integrated Software does not include and You do not have rights to: (a) code or functionality for diagnostic, maintenance, repair or technical support services; or (b) separately licensed applications, development tools, or system management software or other code that is separately licensed by us or a third party. You have the limited, non-exclusive right to use Integrated Software delivered with a Hardware Device as incorporated in, and as part of, the Hardware Device and subject to any terms delivered with or on the Hardware Device and/or in the applicable documentation.

22.4. “Workstation” is defined as a Hardware Device purchased from Oracle that is used to access the Point of Sale eStore Cloud Service and the Oracle Payment eStore Cloud Service.

22.5. Your Initial Order will include Hardware Devices. You may purchase additional Hardware Devices available on the platform, however, in no event may You use more than a total of five Workstations at any single restaurant location. You may use the Hardware Devices as described in the Service Description located at: https://www.restaurantlogin.com/oracle-restaurants-estore-POS-service-descriptions. The terms and conditions of this Master Agreement and Your order (including those terms that refer to POS eStore Cloud Service and the Payment eStore Cloud Service) govern the Hardware Devices, the Operating System and Integrated Software, unless expressly stated otherwise in this Section 22, or if the terms by their nature would be inapplicable to the Hardware Devices.

22.6. We or our licensors retain all ownership and intellectual property rights in and to the Operating System and Integrated Software. Hardware Devices may contain or require the use of third party technology that is provided with or pre-installed on the Hardware Device. Third party technology is licensed under terms which we may provide to You: (i) with or on the Hardware Device, (ii) in the applicable product documentation, (iii) in the readme files, or (iv) in the notice files. Your right to use this third party technology under separate license terms are not restricted in any way by this Master Agreement. We do not warrant or provide any technical support services for third party technology.

22.7. The Operating System or Integrated Software may include separate works, identified in a readme file, notice file or the applicable documentation, which are licensed under open source or similar license terms. Your rights to use the Operating System and Integrated Software under such terms are not restricted in any way by this Master Agreement. The appropriate terms associated with separate works can be found in the readme files, notice files or in the documentation accompanying the Operating System and Integrated Software. For software: (i) that is part of the Operating System or Integrated Software and (ii) that You receive from us in binary form and (iii) that is licensed under an open source license that gives You the right to receive the source code for that binary, You may obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or, if the source code for the https://www.restaurantlogin.com/opensourcecode software was not provided to You with the binary, You may also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website. 22.8. Hardware Devices included in Your order shall be installed in the US at the address that You specify on Your Initial Order.

22.9. The program licenses included with Your order are for use in the US. For clarification and the avoidance of doubt, all program licenses related to the Hardware Device terminate concurrently with this Master Agreement and/or the applicable order.

22.10. You order for Hardware Devices will be shipped Delivery Duty Paid, and the fee for delivery will be set forth in Your order.

22.11. Once placed, Your order shall be non-cancelable and the sums paid non-refundable.

22.12. Additional Requirements for the Hardware Devices:

a. Pre-requisite for Hardware Devices to Go-Live

You acknowledge and agree that as pre-requisites to a Hardware Device being activated and/or deployed, You must: (i) comply with the Adyen For Platforms Terms and Conditions ("APTC”), including Section 2.2, located at: https://www.adyen.com/legal/terms-and-conditions-adyen-for-platforms-2022 and successfully complete all checks required therein, and (ii) place an Initial Order and an add-on order (if an add-on order is applicable).

b. Maintenance and Security of Hardware Devices

You are responsible for properly configuring and installing, maintaining, protecting, and securing the Hardware Device in a reasonable manner, excluding normal wear and tear. If there is an issue with the Hardware Device, You agree to immediately, and in no event later than twenty-four hours after discovering the issue, notify Oracle of any damage potentially affecting the functionality (e.g., broken casing, screen, or keypad), security, loss, theft, or destruction of the Hardware Device. To receive support for issues outside of Your control, You agree to provide Oracle with a complete description of the details of the incident and summarize all efforts undertaken/planned to investigate the incident.

c. Requirements for Use

You may use the Hardware Device only for the purposes for which it is designed, and operate it in a proper manner in accordance with this Master Agreement. You shall not make any alteration to the Hardware Device, and shall not remove any components from the Hardware Device. You further shall not allow any third party to use the Hardware Device or submit point of sale transactions via the Hardware Device on behalf of a third party. You may only use the Hardware Device to submit point of sale transactions in Your own legal name as set forth in Your order. You will comply with the relevant usage manuals for the Hardware Device and the Adyen Payment Processing Services as published in the Adyen Customer Area, currently available at https://ca-live.adyen.com/, including in particular:

-The manual of the particular type of Payment Terminal;

-The Network Requirements Manual for Payment Terminals to ensure IP connectivity for the Payment Terminals to enable their proper functioning; and

-The Payment Security Manual which provides guidelines to assist You in safe and secure use of the Payment Terminal and the Services.

d. Return of Adyen Hardware Devices

Notwithstanding anything to the contrary, You agree to return the Adyen Hardware Devices back to Adyen upon termination or expiration of Your order, within 5 business days of receipt of a return label and packaging for such Adyen Hardware Device, and that title to the Adyen Hardware Device will revert back to Adyen. In the event You require and receive a replacement Adyen Hardware Device or component during the term of Your order, then You agree to return the original Adyen Hardware Device or component within 5 business days of receipt of the replacement Adyen Hardware Device or component. You further agree to notify Adyen in writing if You no longer need to use the Adyen Hardware Device. If the Adyen Hardware Device described herein is not returned to Adyen within 5 business days of receipt of the return label and packaging, then You agree to pay the list price of the Adyen Hardware Device or $500, whichever is higher, upon receipt of an invoice.

e. Requirements for Updates

You must leave all Hardware Devices powered on and connected to the internet overnight at least once every month in order for updates and patches to be applied ("Upgrade Event"). In the event an emergency patch needs to be applied, Oracle will provide You with notice and You agree to comply with the requirements of an Upgrade Event as soon as possible. You acknowledge and agree that failure to comply with this section may result in violations of the Scheme Rule (as defined in the APTC) delays in payment processing, loss of payment processing functionality, support delays, and suspension of services.

f. No Assignment

Notwithstanding anything to the contrary, in no event may You assign an Adyen Hardware Device.

23. Warranties

23.a Oracle Point of Sale eStore Cloud Service and the Oracle Payment eStore Cloud Service

23.a.1. Oracle warrants that, during the Services Period, we will provide the POS eStore Cloud Service and the Payment eStore Cloud Service using commercially reasonable care and skill and in all material respects as described in the Service Description located at: https://www.restaurantlogin.com/oracle-restaurants-estore-POS-service-descriptions and the Oracle Restaurants eStore Hosting and Delivery Policy located at: https://www.restaurantlogin.com/oracle-estore-hosting_and_delivery_policy. In the event of any conflict between the terms of the Service Description or the Oracle Restaurants eStore Hosting and Delivery Policy and the Oracle Restaurants eStore Data Processing Agreement (including any applicable Oracle Restaurants eStore Privacy Policies), the terms of the Oracle Restaurants eStore Data Processing Agreement shall take precedence to the extent Oracle processes personal information as a data processor. The terms of the Oracle Restaurants eStore Data Controller Terms shall take precedence to the extent Oracle processes certain personal information as an independent controller. If the POS eStore Cloud Service or the Payment eStore Cloud Service provided to You are not performed as warranted, then You must promptly provide us with a written notice that describes the deficiency in the POS eStore Cloud Service and/or the Payment eStore Cloud Service.

23.a.2. WE DO NOT WARRANT THAT THE POS eSTORE CLOUD SERVICE OR THE PAYMENT eSTORE CLOUD SERVICE WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL POS eSTORE CLOUD SERVICE OR PAYMENT eSTORE CLOUD SERVICE ERRORS, OR THAT THE POS eSTORE CLOUD SERVICE OR THE PAYMENT eSTORE CLOUD SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE POS eSTORE CLOUD SERVICE OR THE PAYMENT eSTORE CLOUD SERVICE THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES.

23.a.3. FOR ANY BREACH OF THE POS eSTORE CLOUD SERVICE OR PAYMENT eSTORE CLOUD SERVICE WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT POS eSTORE CLOUD SERVICE OR PAYMENT eSTORE CLOUD SERVICE THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT POS eSTORE CLOUD SERVICE AND THE PAYMENT eSTORE CLOUD SERVICE AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED POS eSTORE CLOUD SERVICE AND THE PAYMENT eSTORE CLOUD SERVICE THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION.

23.a.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

23.b Hardware Devices

We provide a limited warranty for Hardware Devices as set forth at: https://www.restaurantlogin.com/oracle-estore-hardware-warranty.

24. Indemnification

24.1. If a third party makes a claim against either You or Oracle related to the POS eStore Cloud Service or the Payment eStore Cloud Service (“Recipient,” which may refer to You or us, depending upon which party received the Material), that any information, design, specification, instruction, software, service, data, hardware, or material (collectively, “Material”) furnished by either You or us (“Provider,” which may refer to You or us depending on which party provided the Material) infringes the third party’s intellectual property rights, the Provider, at the Provider’s sole cost and expense, will defend the Recipient against the claim and indemnify the Recipient from the damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by the Provider, if the Recipient does the following:

a. notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the claim (or sooner if required by applicable law);

b. gives the Provider sole control of the defense and any settlement negotiations; and

c. gives the Provider the information, authority and assistance the Provider needs to defend against or settle the claim.

24.2. If the Provider believes or it is determined that any of the Material may have violated a third party’s intellectual property rights, the Provider may choose to either modify the Material to be non-infringing (while substantially preserving its utility or functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, the Provider may end the license for, and require return of, the applicable Material and refund any unused, prepaid fees the Recipient may have paid to the other party for such Material. If such return materially affects our ability to meet obligations under the relevant order, then we may, upon 30 days’ prior written notice, terminate the order and refund any unused, prepaid fees for the POS eStore Cloud Service and/or the Payment eStore Cloud Service under the terminated order. If such Material is third party technology and the terms of the third party license do not allow us to terminate the license, then we may, upon 30 days’ prior written notice, end the POS eStore Cloud Service and/or the Payment eStore Cloud Service associated with such Material and refund any unused, prepaid fees for such POS eStore Cloud Service and/or Payment eStore Cloud Service.

24.3. The Provider will not indemnify the Recipient if the Recipient (a) alters the Material or uses it outside the scope of use identified in the Provider’s user or program documentation or the applicable Service Descriptions, or (b) uses a version of the Material which has been superseded (and the Recipient has been notified in writing of the new version), if the infringement claim could have been avoided by using an unaltered current version of the Material which was made available to the Recipient. The Provider will not indemnify the Recipient to the extent that an infringement claim is based upon any material not furnished by the Provider. We will not indemnify You to the extent that an infringement claim is based on Third Party Content or any material from a third party portal or other external source that is accessible or made available to You within or by the POS eStore Cloud Service or the Payment eStore Cloud Service (e.g., a social media post from a third party blog or forum, a third party web page accessed via a hyperlink, marketing data from third party data providers, etc.).

24.4. Notwithstanding anything to the contrary, if we believe or it is determined that a Hardware Device (or portion thereof) may have violated a third party’s intellectual property rights, we may choose to either replace or modify the Hardware Device (or portion thereof) to be non-infringing (while substantially preserving its utility or functionality) or obtain a right to allow for continued use, or if these alternatives are not commercially reasonable, we may remove the applicable Hardware Device (or portion thereof) and refund the net book value for the Hardware Device.

24.5. Notwithstanding anything to the contrary, for purposes of the Payment eStore Cloud Service, You agree to indemnify, defend, and hold Oracle harmless from and against any loss, cost, or damage of any kind (including reasonable attorneys’ fees) to the extent arising out of Your actions or inactions related to this Master Agreement and Your applicable order(s), including but not limited to Chargebacks, fines, penalties, insufficient funds, negligence and/or willful misconduct.

24.6. This Section 24 provides the parties’ exclusive remedy for any claims or damages under this Section 24 for the POS eStore Cloud Service, the Payment eStore Cloud Service and the Hardware Devices.

25. LIMITATION OF LIABILITY

25.1. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS (EXCLUDING FEES UNDER THIS MASTER AGREEMENT), SALES, DATA, DATA USE, GOODWILL, OR REPUTATION.

25.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORACLE AND OUR AFFILIATES ARISING OUT OF OR RELATED TO THIS MASTER AGREEMENT OR YOUR ORDER FOR THE POS eSTORE CLOUD SERVICE, THE PAYMENT eSTORE CLOUD SERVICE, AND THE HARDWARE DEVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID UNDER YOUR ORDER FOR THE POS eSTORE CLOUD SERVICE, THE PAYMENT eSTORE CLOUD SERVICE AND THE HARDWARE DEVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY.

ATTACHMENT A Oracle Restaurants eStore Data Controller Terms for the Oracle Restaurants eStore Master Agreement Products and Services

(“Oracle Restaurants eStore Data Controller Terms”)

1. To the extent You and Oracle process personal information as data controllers, as defined under applicable data protection law, as part of the Services, each party shall act as an independent data controller. Each party is responsible for compliance with its respective obligations under applicable data protection law. You and Oracle agree that Oracle may amend these Oracle Restaurants eStore Data Controller Terms as may be necessary to comply with changes to applicable data protection laws.

2. Oracle will process certain personal information about Your Individuals as an independent controller as further described in the Oracle Restaurants eStore Privacy Policy available at: http://www.restaurantlogin.com/privacy. These activities include, but are not limited to, the following purposes: (a) to centrally store and manage Your Individuals’ personal information in connection with the Services; (b) to provide the functionality of the FoodBooking application and the website; (c) to generate aggregated analytics for marketing messages sent and websites created by You via the Services; and (d) to provide, deliver, and manage the requested functionality of the Services; (e) to communicate and respond to inquiries to Oracle; (f) to administer the Oracle Restaurants eStore Partner Program; (g) to analyze, develop, improve and optimize the use, function and performance of the Services; (h) to manage the security and operation of Oracle’s sites, facilities, and networks and systems; and (i) to comply with applicable laws and regulations and to operate Oracle’s business.

3. In the event one party receives a request from an Individual relating to the processing of such Individual’s personal information by the other party as a data controller, the party receiving such request will (a) promptly pass such request to the other data controller and (b) direct the Individual to the other data controller to allow that party to respond directly to the Individual’s inquiry. The parties shall reasonably cooperate with each other to respond to such requests.

4. To the extent Oracle processes personal information on Your behalf as a data processor for the provision of the Services specified in Your Master Agreement, the Oracle Restaurants eStore Data Processing Agreement below in Attachment B applies.

5. The transfer of personal information under the Master Agreement does not constitute a “sale” or “sharing” under applicable data protection laws.

ATTACHMENT B

Oracle Restaurants eStore Data Processing Agreement for the Oracle Restaurants eStore Master Agreement Products and Services

(“Oracle Restaurants eStore Data Processing Agreement”)

1. Scope and Applicability

This Oracle Restaurants eStore Data Processing Agreement applies to Oracle’s processing of personal information on Your behalf for the provision of the Services ordered under the Master Agreement. This version of the Oracle Restaurants eStore Data Processing Agreement shall be effective and remain in force for the term of Your Master Agreement.

2. Performance of the Services

2.1 Oracle may process personal information about Your Individuals for the processing activities necessary to perform the Services, including for creating a services account to access the Services; hosting and storage, backup and disaster recovery, service change management; issue resolution; applying new product or system versions, patches, updates, and upgrades; monitoring and testing system use and performance; information technology security purposes including incident management; maintenance and performance of technical support systems and information technology infrastructure; migration, implementation, configuration and performance testing; and resolving bugs and other issues You have reported to Oracle.

2.2 Personal information about Your Individuals may include, but is not limited to, personal and business contact information such as name, address, telephone or mobile number, email address, passwords, and business contact details; financial details; food items and services ordered and provided; preferences; unique IDs collected from mobile devices, network carriers or data providers; geolocation data; IP addresses and online behavior and interest data.

2.3 You may not provide Oracle with any data that imposes specific data security or data protection obligations on Oracle in addition to or different from those specified in the Oracle Restaurants eStore Data Processing Agreement or the Master Agreement (e.g., certain regulated health or payment information).

2.4 For purposes of this subsection 2.4, “personal information,” “process,” “service provider,” “share,” and “sell” shall have the meaning set forth in the California Consumer Privacy Act (“CCPA”). To the extent Oracle is a service provider with respect to personal information processed in performance of the Services, Oracle will not (a) sell or share personal information; (b) retain, use, or disclose personal information: (i) for any purpose other than to provide the Services or as otherwise permitted by applicable data protection law, or (ii) outside of the direct business relationship between the parties or outside the provision of the Services; (c) combine personal information received from or on behalf of You with personal information received from or on behalf of any third party, or collected from Oracle’s own interaction with Individuals, except as permitted by the CCPA and the Master Agreement. Oracle will notify You of its use of Subprocessors in accordance with Section 7 of this Oracle Restaurants eStore Data Processing Agreement. The parties acknowledge that the personal information You disclose to Oracle is provided for the limited and specified business purposes set forth in the Master Agreement. If Oracle is engaged in unauthorized use of personal information, You may, upon reasonable notice to Oracle, take reasonable and appropriate steps to stop and remediate the unauthorized use of personal information and, in the event Oracle determines that it can no longer meet its obligations under the CCPA, then Oracle will inform You of its inability to comply with the CCPA.

3. Your instructions

3.1 With the exception of the limited processing activities for which Oracle is an independent data controller as described in the Oracle Restaurants eStore Data Controller Terms, You are the data controller of the personal information processed by Oracle to perform the Services. Oracle will process personal information as specified in Your Services order and You may submit additional instructions in relation to Oracle’s processing of personal information to Oracle to the extent necessary for Oracle to: (i) comply with its data processor obligations under applicable data protection law or (ii) assist You to comply with Your data controller obligations under applicable data protection law relevant to Your use of the Services. Oracle will promptly inform You if, in our reasonable opinion, Your instruction infringes applicable data protection law. You acknowledge and agree that Oracle is not responsible for performing legal research and/or for providing legal advice to You. Additional fees may apply.

3.2 In the event You disclose, or instruct Oracle to disclose, Your personal information or the personal information of any Individuals to any partners or other third parties You have engaged as part of the Services, You are responsible for ensuring that such disclosures comply with Your obligations under applicable data protection laws. You remain responsible for any subsequent processing of personal information and for Your compliance with applicable data protection laws.

4. Privacy Inquiries and Requests from Your Individuals

You control access to Your personal information and the personal information of Your Individuals, and Your Individuals should direct any requests related to the processing of their personal information to You. To the extent such access is not available to You, upon written request by You, Oracle will provide You with reasonable assistance with requests received from Individuals to access, delete or erase, restrict, rectify, receive, and transmit, block access to or object to the processing of personal information on Oracle systems. If Oracle directly receives any requests or inquiries from Your Individuals that have identified You as the data controller, we will promptly pass on such requests to You.

5. Security and Confidentiality

5.1 Oracle has implemented and will maintain technical and organizational measures designed to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal information. These measures, which are generally aligned with the ISO/IEC 27001:2013 standard, govern all areas of security applicable to the Services, including physical access, system access, data access, transmission, input, security oversight, and enforcement.

5.2 Oracle employees are required to maintain the confidentiality of personal information. Oracle employees’ obligations include written confidentiality arrangements, regular training on information protection, and compliance with Oracle policies concerning the protection of confidential information.

6. Incident Management and Data Breach Notification

6.1 Oracle promptly evaluates and responds to incidents that create suspicion of or indicate unauthorized access to or handling of personal information.

6.2 If Oracle becomes aware of and determines that an incident involving Your personal information qualifies as a breach of security leading to the misappropriation or accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal information transmitted, stored or otherwise processed on Oracle systems that compromises the security, confidentiality or integrity of such personal information, Oracle will report such breach to You without undue delay.

6.3 As information regarding the breach is collected or otherwise reasonably becomes available to Oracle and to the extent permitted by law, Oracle will provide You with additional relevant information concerning the breach reasonably known or available to Oracle. You agree to coordinate with Oracle on the content of Your intended public statements or required notices for the affected Individuals and/or notices to the relevant regulators regarding any such breach.

7. Subprocessors

7.1 You hereby grant Oracle the authority to engage Oracle affiliates and third party subprocessors to assist in the performance of the Services. To the extent Oracle engages Oracle affiliates and third party subprocessors to have access to personal information in order to assist in the provision of Services, such subprocessors shall be subject to the same level of data protection and security as Oracle under the terms of Your order for Services. Oracle is responsible for its subprocessors’ compliance with the terms of Your order for Services.

7.2 Oracle maintains lists of Oracle affiliates and subprocessors that may process personal information. Such lists are available to You via the Restaurant Admin Panel or other primary support tool available for the Services. If You would like to receive notice of any intended changes to these lists, You can sign up to receive electronic notifications or Oracle will provide You notice of intended changes where a sign up mechanism is not available.

8. Cross-Border Data Transfers

8.1 Oracle is a global corporation with operations in over 80 countries and personal information may be processed globally, as necessary, in accordance with the Master Agreement, this Oracle Restaurants eStore Data Processing Agreement, and other relevant privacy terms specified as applicable to Your Services. If personal information is transferred to an Oracle recipient in a country that does not provide an adequate level of protection for personal information, Oracle will take adequate measures designed to protect the personal information, such as ensuring that such transfers are subject to the terms of the EU Standard Contractual Clauses or other adequate transfer mechanism(s) as required under applicable data protection laws.

8.2 To the extent such global access involves a transfer of personal information subject to cross-border transfer restrictions under applicable European data protection law to countries outside Europe not covered by an adequacy decision, such transfers are subject to: (i) Oracle’s Binding Corporate Rules for Processors or BCR-p (also referred to as the Oracle Processor Code) and (ii) the terms of Module 2 (Controller to Processor) of the EU Standard Contractual Clauses 2021/914 of 4 June 2021.

8.3 The most current version of Oracle’s Binding Corporate Rules for Processors (Oracle Processor Code) is available at: https://www.restaurantlogin.com/data-processing, and is incorporated by reference into the Master Agreement and this Oracle Restaurants eStore Data Processing Agreement. Oracle has obtained EEA authorization for its Binding Corporate Rules for Processors (Processor Code) and will maintain such authorization for the duration of the Master Agreement. Transfers to third party subprocessors shall be subject to security and data privacy requirements consistent with Oracle’s Binding Corporate Rules for Processors (Oracle Processor Code), the terms of Module 2 (Controller to Processor) of the EU Standard Contractual Clauses 2021/914 of 4 June 2021, this Oracle Restaurants eStore Data Processing Agreement and the Master Agreement.

8.4 To the extent such global access involves a transfer of personal information subject to cross-border transfer restrictions under applicable UK data protection Law, to countries outside the United Kingdom not covered by an adequacy decision by the UK ICO, such transfers are subject to: (i) the terms of Module 2 (Controller to Processor) of the EU Standard Contractual Clauses 2021/914 of 4 June 2021 as supplemented by the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses version B1.0 (the “IDTA”), which are incorporated herein by reference; and (ii) when approved by the UK ICO, the approved UK Binding Corporate Rules for Processors, in the form that will be approved by the UK ICO for use in the UK and will be published on Oracle’s public websites. The IDTA will be read in conjunction with the Master Agreement and this Oracle Restaurants eStore Data Processing Agreement.

9. Audits and Assessments

9.1 To the extent required under applicable data protection laws, Oracle shall make available to You information reasonably necessary to demonstrate compliance with the terms of this Oracle Restaurants eStore Data Processing Agreement.

9.2 Oracle will contribute to such audit assessments by providing You with the information and assistance reasonably necessary to conduct the audit assessment, including any relevant records of processing activities applicable to the Services. If the requested audit scope is addressed in a SOC 1 or SOC 2, ISO, NIST, PCI DSS, or similar audit report issued by a qualified third party auditor within the prior twelve months and Oracle provides such report to You confirming there are no known material changes in the controls audited, You agree to accept the findings presented in the third party audit report in lieu of requesting an audit assessment of the same controls covered by the report. Additional audit terms may be included in Your order for Services.

9.3 To the extent required under applicable data protection law, You can request to conduct an audit, including an inspection, by sending Oracle written notice as provided for in the Master Agreement. To request an audit, You must submit a detailed proposed audit plan to Oracle at least two weeks in advance of the proposed audit date. The proposed audit plan must describe the proposed scope, duration, and start date of the audit. Oracle will review the proposed audit plan and provide You with any concerns or questions. Oracle will work cooperatively with You to agree on a final audit plan within a reasonable timeframe. The audit shall be conducted no more than once during a twelve-month period, during regular business hours, subject to Oracle’s on-site policies and regulations, and may not unreasonably interfere with business activities. If You would like to use a third party to conduct the audit, the third party auditor shall be mutually agreed to by the parties and the third-party auditor must execute a written confidentiality agreement acceptable to Oracle. Upon completion of the audit, You will provide Oracle with a copy of the audit report, which is classified as confidential information under the terms of the Agreement with Oracle.

10. Deletion or Return of Personal Information

Except as otherwise specified in an order for Services or required by law, upon termination of services, Oracle will return or delete any remaining copies of Your personal information located on Oracle systems or Services environments.

11. Legal Requirements

11.1 Oracle may be required by law to provide access to personal information, such as to comply with a subpoena or other legal process, or to respond to government requests, including public and government authorities for national security and/or law enforcement purposes.

11.2 Oracle will promptly inform You of requests to provide access to personal information, unless otherwise required by law.