Kalaches Terms of Use

Effective date: September 27, 2026

These Terms of Use ("Terms") govern your use of the Kalaches mobile app (the "App") and your participation in the Kalaches Rewards program ("Rewards"). The App and Rewards are provided by Kalaches LLC, doing business as Kalaches ("Kalaches," "we," "us," or "our").

By downloading or using the App, creating an account, or joining Rewards, you agree to these Terms and acknowledge our [Privacy Policy](https://kalaches.com/privacy). If you do not agree, do not use the App or join Rewards.

## 1. Eligibility

You may browse parts of the App without an account. To create an account or join Rewards, you must be at least 13 years old, have a United States mobile phone number that you are authorized to use and that can receive text messages, and provide accurate information. If you are under 18, you confirm that a parent or legal guardian has reviewed and agreed to these Terms. We may refuse, limit, or cancel any account or Rewards membership at our discretion, to the extent permitted by law.

## 2. Your account

Phone verification. You sign in by entering your phone number and a one-time code sent by text message. Message and data rates may apply.

Security. You are responsible for all activity on your account and your device. Do not share verification codes. Contact support@kalaches.com if you believe your account has been used without permission.

One person, one account. Each account and Rewards membership is personal to one individual and one phone number. Accounts, memberships, Points, and rewards may not be transferred, sold, shared, combined, or pooled.

Phone number changes. Contact support@kalaches.com to ask us to update the phone number on your membership. We may require verification and may decline a request we cannot verify.

Signing out and deletion. You may sign out or delete your account in the App at any time. Deleting your account is described in our Privacy Policy. Unless you ask us to remove your Rewards membership as well, deleting your App account does not end your Rewards membership.

## 3. Using the App

Ordering. The App links to our online ordering site, which is operated through Square. Orders, payments, fulfillment, and refunds are governed by the terms and policies presented at checkout and in store. Menu items, prices, and availability may change at any time without notice.

No food information. The App does not provide ingredient, allergen, nutrition, or dietary information. Ask our staff before ordering if you have an allergy or dietary need.

Notifications. You can choose which optional notifications you receive in the App and in iOS Settings. We may send service messages about your account, security, and requests you make, which are not marketing.

Acceptable use. You agree not to misuse the App or Rewards, including by:

- creating multiple accounts or using a phone number, member ID, or account that is not yours;

- manipulating purchases, returns, refunds, or promotions, or acquiring Points or rewards through fraud, error, or means we do not authorize;

- using bots, scripts, or other automated means with the App;

- reverse engineering, interfering with, or attempting to gain unauthorized access to the App or related systems, except as the law expressly permits; or

- violating any law or anyone else's rights.

## 4. Kalaches Rewards

### 4.1 About Rewards

Rewards is a promotional loyalty program that we offer at our discretion. Rewards is operated using Square, our point-of-sale provider, and Square's records are the official record of Points, rewards, and activity. Joining is free and does not require a purchase. If you joined Rewards in store or online, signing in to the App with the same phone number connects to that membership.

### 4.2 Points

- You earn Points on eligible purchases at the earning rate we set. The current rate is shown in the App.

- Only purchases that we determine to be eligible earn Points. Purchases that do not earn Points include catering, gift card purchases, employee purchases, orders placed through third-party delivery or marketplace services, and any other items, channels, locations, or transactions we designate.

- To earn Points, you must identify yourself at checkout in a way our checkout system accepts, at the time of purchase.

- Points are calculated by our point-of-sale system and may take time to appear. We are not responsible for Points that are not credited because you were not identified at checkout, or because of a system outage or delay.

- Points are a promotional benefit. Points and rewards have no cash value, are not your property, cannot be redeemed for cash or gift cards, and cannot be transferred, except where the law requires otherwise.

### 4.3 Rewards

- The rewards available, the Points each reward requires, and the items that qualify are shown in the App and may change at any time.

- Rewards apply at checkout to qualifying items that are available at the time. Rewards do not reserve items. We do not guarantee that any particular item will be available, and we may substitute or exclude items.

- Each reward is subject to a maximum value and to any limits our checkout system applies, including limits on how rewards may be combined with each other or with other discounts. You pay any amount above the reward's value, including paid modifications, taxes, and fees.

- Points are deducted when a reward is applied. The App does not itself apply or redeem rewards.

### 4.4 Refunds, adjustments, and errors

- If a purchase is refunded or returned, we may deduct the Points earned on it.

- Points used for a reward are final and are not restored if the purchase is refunded, cancelled, or disputed, unless we choose to restore them.

- We may correct any Points, reward, or balance that we determine was credited or displayed in error, or obtained through fraud, abuse, or a violation of these Terms, including by deducting Points or reversing rewards.

### 4.5 Promotions and bonus offers

From time to time we may offer bonus Points, welcome offers, or other promotions. Each promotion is subject to the eligibility requirements, limits, and dates we set, which may be shown when the promotion is offered. Promotions may be limited in number, available only to certain members, and changed or ended at any time. Each promotion is limited to one per person unless we state otherwise.

### 4.6 Expiration and inactivity

Points and rewards are subject to any expiration or inactivity rules we set. We may introduce or change such rules, which will apply going forward.

### 4.7 Our decisions

We interpret and apply these Terms and the Rewards program. Our decisions about eligibility, earning, rewards, adjustments, and suspected misuse are final, to the extent permitted by law.

### 4.8 Changes, suspension, and ending Rewards

We may change, suspend, or end Rewards, or any part of it, at any time, including earning rates, reward options and costs, qualifying items, and eligibility. We will give notice where the law requires it. If Rewards ends, or your membership is cancelled, unused Points and rewards are forfeited, to the extent permitted by law.

We may suspend or cancel any membership, withhold rewards, or remove Points if we believe the membership was used fraudulently or in violation of these Terms, or while we investigate a report that a phone number has changed hands.

## 5. Third-party services

The App uses services provided by others, including Square, Google Firebase, and Apple. Your use of those services may be subject to their terms. We are not responsible for third-party services, websites, or content, or for their availability.

## 6. Our content and license

The App, Rewards, the Kalaches name and logo, and all related content are owned by Kalaches or its licensors. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, for personal, non-commercial use, in accordance with these Terms and the App Store's usage rules. We reserve all rights not expressly granted. If you send us feedback or ideas, we may use them without obligation to you.

## 7. Disclaimers

The App and Rewards are provided "as is" and "as available," without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not guarantee that the App or Rewards will be available, uninterrupted, secure, or error-free, or that balances, menus, prices, or availability shown will be accurate or current.

## 8. Limitation of liability

To the fullest extent permitted by law, Kalaches and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, Points, rewards, or goodwill, arising out of or related to the App or Rewards, even if advised of the possibility of such damages. Our total liability for all claims arising out of or related to the App or Rewards will not exceed fifty U.S. dollars ($50). Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

## 9. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Kalaches and its owners, employees, and agents from any claims, losses, and expenses, including reasonable attorneys' fees, arising from your misuse of the App or Rewards or your violation of these Terms or of any law or third-party right.

## 10. Termination

We may suspend or end your access to the App or Rewards at any time, for any reason, to the extent permitted by law. You may stop using the App at any time. Sections 4.4, 4.7, 4.8, and 6 through 14 survive termination.

## 11. Changes to these Terms

We may change these Terms at any time by posting the updated Terms at kalaches.com/terms and updating the effective date. Changes take effect when posted unless we say otherwise. We will provide additional notice where the law requires it. Your continued use of the App or Rewards after changes take effect means you accept them.

## 12. Apple App Store terms

If you downloaded the App from Apple's App Store:

- These Terms are between you and Kalaches, not Apple. Kalaches, not Apple, is solely responsible for the App and its content.

- Apple has no obligation to provide maintenance or support for the App.

- If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.

- Kalaches, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and consumer protection or privacy claims.

- If a third party claims that the App infringes its intellectual property rights, Kalaches, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim.

- You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on a U.S. government list of prohibited or restricted parties.

- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

## 13. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute arising out of or related to these Terms, the App, or Rewards will be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to their personal jurisdiction and venue. To the extent permitted by law, any claim must be brought within one (1) year after it arises, and only on an individual basis.

## 14. General

These Terms and our Privacy Policy are the entire agreement between you and Kalaches about the App and Rewards. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them without restriction. Headings are for convenience only.

## 15. Contact us

- Email: support@kalaches.com

- Mail: Kalaches LLC, 885 Brannan St, San Francisco, CA 94103

Notice to California residents. Under California Civil Code §1789.3, California users are entitled to the following consumer rights notice. The App and Rewards are provided by Kalaches LLC, 885 Brannan St, San Francisco, CA 94103, support@kalaches.com. There is no charge to download the App or to join Rewards. If you have a complaint, you may contact us as described above, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.