TERMS OF SERVICE

Last Updated: July 20, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service contain a binding arbitration agreement and class action and jury trial waiver that govern most disputes between you and CHAGEE (CA) LLC. These provisions affect your legal rights. Please review Section 17 (Dispute Resolution; Binding Arbitration; Class Action Waiver) carefully. You may opt out of arbitration within thirty (30) days following your first acceptance of these Terms by following the procedures described in Section 17.7.

Welcome to CHAGEE. These Terms of Service (the “Terms”) form a binding agreement between you and CHAGEE (CA) LLC and its affiliates (collectively, “CHAGEE,” “we,” “us,” or “our”) and govern your access to and use of: the CHAGEE U.S. website at www.chagee.us and any successor or related sites; the CHAGEE U.S. mobile application; the CHAGEE Rewards program; in-store ordering and pickup at participating CHAGEE U.S. teahouses; CHAGEE drinks ordered through third-party delivery platforms we partner with from time to time; our social media pages and online accounts that link to these Terms; and any other online or offline products, services, or experiences we provide that link to or reference these Terms (collectively, the “Services”).

By accessing or using the Services, by creating a CHAGEE account, by enrolling in CHAGEE Rewards, by placing an order with CHAGEE, or by clicking a button or checking a box indicating your acceptance of these Terms, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

Please read our Privacy Notice, which describes how we collect and use personal information.

We may update these Terms from time to time. Updated Terms will be posted with a revised “Last Updated” date at the top of this page. Material changes will be communicated as described in Section 21. Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the updated Terms.

You may need to accept additional terms to use certain Services. These additional terms will supplement our Terms for those Services and may change your rights or obligations for those Services, including your obligations to pay fees.

1. Eligibility

The Services are intended for residents of the United States. By accessing or using the Services, you represent and warrant that: (a) you are at least 13 years of age; (b) if you are between the ages of 13 and the age of majority in your jurisdiction of residence (generally 18), you are using the Services with the involvement, consent, and supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf; (c) you have the legal capacity (or, if applicable, the parental consent) to enter into these Terms; (d) you are not prohibited from using the Services under applicable law; and (e) you will use the Services in compliance with these Terms and all applicable laws.

Certain features of the Services, including the ability to create a CHAGEE account, enroll in CHAGEE Rewards, place orders, or sign up for marketing communications, may have additional age or eligibility requirements. Where required by applicable law, you must be at least 18 years of age (or the age of majority in your state) to enroll in CHAGEE Rewards in your own name, to enter into a transaction, or to consent to receive marketing communications. We may verify your eligibility at any time and may refuse, suspend, or terminate your access to all or part of the Services if we determine that you are not eligible.

We do not knowingly collect personal information from children under the age of 13. Please see our Privacy Notice for additional information about children’s privacy.

2. Account Registration; Account Security

You may browse our website and certain portions of our mobile application without creating an account. To use certain features, however, including placing drink orders for in-store pickup through the CHAGEE app, enrolling in CHAGEE Rewards, saving payment methods, and managing communication preferences, you will need to create a CHAGEE account.

When creating an account, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your information to keep it accurate, current, and complete; (c) maintain the security and confidentiality of your account credentials, including your username and password; (d) accept responsibility for all activity that occurs under your account; and (e) notify us promptly at support@chagee.com if you believe your account has been or may be accessed without your authorization or if there has been any other breach of account security.

You may not (i) use anyone else’s account without their express permission; (ii) create an account using false, misleading, or fraudulent information; or (iii) maintain more than one account for fraudulent or abusive purposes (such as exploiting promotional offers or rewards). We reserve the right to refuse, suspend, or terminate any account at any time, with or without notice, in our reasonable discretion.

3. Privacy

Our Privacy Notice describes how we collect, use, disclose, and otherwise process your personal information in connection with the Services, and the privacy rights and choices available to you under applicable law. By using the Services, you acknowledge that you have read and understand our Privacy Notice.

4. License to Use the Services

Subject to your compliance with these Terms, CHAGEE grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial use. This license does not include any right to: (a) resell or make any commercial use of the Services or any of their content; (b) collect, use, or otherwise exploit any product listings, descriptions, prices, or other content for the benefit of any third party (including for any artificial intelligence, machine learning, or large language model training, dataset creation, or similar purpose) without our express prior written consent; (c) use any data mining, robots, scraping, or similar automated data gathering or extraction methods (other than generally available third-party search engines for purposes of building a publicly available, searchable index); or (d) frame, mirror, or otherwise incorporate any portion of the Services into any other website or application without our express prior written consent.

All rights not expressly granted to you in these Terms are reserved by CHAGEE and its licensors. Any unauthorized use of the Services terminates the license granted by CHAGEE.

5. Intellectual Property

The Services, including all text, graphics, logos, icons, images, photographs, audio and video clips, designs, layouts, look and feel, software, code, product names, menu names, store layouts, trade dress, and other content (collectively, the “CHAGEE Content”), are owned by or licensed to CHAGEE and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property and unfair competition laws.

“CHAGEE,” the CHAGEE name and logo, and other CHAGEE product and service names, logos, taglines, and slogans (including drink names and promotional taglines) are trademarks of CHAGEE (CA) LLC or its affiliates, used in the United States under license. You may not use any CHAGEE trademark without our express prior written consent. All other trademarks, service marks, and trade names referenced in the Services are the property of their respective owners.

6. User Content; Submissions

Certain portions of the Services may permit you to upload, submit, post, publish, or otherwise make available content, including text, images, videos, photographs, reviews, ratings, comments, ideas, suggestions, and other materials (collectively, “User Content”). You are solely responsible for all User Content you submit and for any consequences of submitting it.

You represent and warrant that, with respect to all User Content you submit: (a) you own the User Content or have all necessary rights, licenses, consents, and permissions to submit it and to grant the license below; (b) the User Content does not and will not infringe, misappropriate, or otherwise violate any intellectual property right, right of publicity or privacy, or other right of any third party; (c) the User Content does not violate any applicable law, regulation, or these Terms; and (d) any individual identified in the User Content has consented to the use described in these Terms.

By submitting User Content, you grant CHAGEE a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, translate, create derivative works of, publicly perform, publicly display, distribute, and otherwise exploit the User Content in any media now known or later developed, in connection with the Services and CHAGEE’s (and its licensees’, successors’, and assigns’) business, including for advertising, marketing, and promotion. To the extent permitted by applicable law, you waive any moral rights you may have in any User Content.

We do not undertake any obligation to monitor User Content, but we reserve the right to remove, edit, refuse to post, or disable access to any User Content at any time, in our sole discretion, without notice, including User Content we believe violates these Terms or is otherwise objectionable.

7. Prohibited Conduct

You agree that you will not (and will not assist or permit any third party to):

We reserve the right to investigate suspected violations of these Terms and to take appropriate action, including suspending or terminating your account, removing User Content, reporting suspected unlawful activity to law enforcement, and pursuing any other remedies available at law or in equity.

8. Orders, Payments, and Fees

8.1 Channels Through Which You May Order

At this time, the only channels through which you may place an order directly with CHAGEE are: (a) in person at a participating CHAGEE teahouse in the United States; and (b) through the CHAGEE U.S. mobile application, which currently allows you to order and pay for drinks for in-store pickup at a participating CHAGEE teahouse. The CHAGEE website at www.chagee.us is currently informational and does not support online purchases. We may expand the features available through the website or through the app from time to time, in which case these Terms (and any product- or program-specific terms presented at the point of purchase) will apply to those expanded features unless we tell you otherwise.

CHAGEE drinks may also be available for delivery through third-party delivery platforms participating in our delivery program (the 'Third-Party Delivery Platforms'). Those orders are placed and paid for through the Third-Party Delivery Platform, and your use of any Third-Party Delivery Platform (including pricing, fees, fulfillment, refunds, and cancellation) is governed by that platform's terms and privacy policy. We are not responsible for the acts or omissions of any Third-Party Delivery Platform or its couriers, including delivery delays, missing or damaged items, or driver conduct.

8.2 Order Placement and Acceptance (CHAGEE App)

When you place an order through the CHAGEE app for in-store pickup, you are making an offer to purchase the drinks in your order from the participating CHAGEE teahouse you selected. Your order is subject to our acceptance, which we may grant or refuse in our reasonable discretion. We may, for example, refuse or limit an order due to product availability, ingredient or equipment outages, errors in product descriptions or pricing, suspected fraud or unauthorized use of payment methods, suspected violation of these Terms, or any other lawful reason. We will use commercially reasonable efforts to notify you if we are unable to fulfill your order, and any payment authorized in connection with an unaccepted order will be released or refunded.

8.3 Pricing; Errors

Prices for menu items are set by the participating teahouse and may vary by location, channel, and time. The prices displayed in the CHAGEE app for in-store pickup are inclusive of the items ordered but exclude any applicable taxes, service fees, gratuities, or other charges, which will be itemized at checkout. Pricing for orders placed through a Third-Party Delivery Platform is set and displayed by that platform, may include additional service, delivery, or other fees imposed by the platform, and may differ from the in-store or in-app price. We reserve the right to correct any errors, inaccuracies, or omissions in product descriptions, pricing, promotions, offers, or availability at any time, including after an order has been submitted, and to cancel any order containing such errors, even if the order has been confirmed and your payment method charged. If your payment method has been charged for a canceled order, we will issue a refund in the amount of the charge.

8.4 Payment (CHAGEE App)

For orders placed through the CHAGEE app, you authorize us, or our third-party payment processor (such as Square), to charge the payment method you provide for your order, including the price of the items, applicable taxes, any service fee, and any tip or gratuity you elect to add. You represent and warrant that you are authorized to use the payment method you provide and that the information you provide is accurate, current, and complete. We are not responsible for the practices of any third-party payment processor; your use of any third-party payment processor is subject to that processor’s terms and privacy policy. For orders placed through a Third-Party Delivery Platform, payment is collected by the Third-Party Delivery Platform and is subject to that platform’s terms.

8.5 In-Store Pickup

Pickup hours and the availability of mobile-order-ahead vary by participating teahouse. When your order is ready, please present your order confirmation (for example, the order number or QR code in the CHAGEE app) at the teahouse to receive your order. Drinks prepared for pickup but not collected within a reasonable period after the estimated pickup time may be discarded for food-safety reasons; we are not obligated to remake an order in those circumstances and are not responsible for any decline in product quality due to delayed pickup.

8.6 Gift Cards and E-Gift Cards

Any CHAGEE gift cards or e-gift cards we offer are subject to additional terms and conditions presented at the time of purchase or activation. Gift cards are non-refundable and may not be redeemed for cash except as required by applicable law.

9. Refunds, Returns, and Cancellations

Because most orders consist of perishable food and beverage products prepared to order, we generally do not accept returns. If your order is not as described, is missing items, or otherwise does not meet your reasonable expectations, please contact us at support@chagee.com or via in-app chat as soon as possible. Where appropriate, we may offer a refund, credit, replacement, or other remedy at our discretion.

You may cancel an order placed through the CHAGEE app for in-store pickup until preparation has begun. After preparation has begun, the order generally cannot be canceled. For orders placed through a Third-Party Delivery Platform, cancellation, refunds, returns, and remedies are governed by that platform’s policies and must be addressed through that platform’s customer support channels. We reserve the right to cancel or refund any order placed through the CHAGEE app in our reasonable discretion, including in the circumstances described in Section 8.

Refunds, where issued, will generally be credited to the original payment method. Refunds for orders paid using CHAGEE Rewards Points will, where applicable, be returned as Points to your CHAGEE Rewards account. Refunds may take up to ten (10) business days to appear on your statement.

10. CHAGEE Rewards Program

CHAGEE offers a free loyalty program (“CHAGEE Rewards” or the “Program”) through which enrolled members may earn and redeem Points on qualifying purchases at participating CHAGEE U.S. teahouses and through the Services. To enroll, you must be at least 13 years of age (or such older age as required by applicable law), reside in the United States, and have a CHAGEE account. The Program is governed by the separate CHAGEE Rewards Program Terms & Conditions (the “Rewards Terms”), which are available in the CHAGEE app and at www.chagee.us/rewards-terms and are incorporated into these Terms by reference. The Rewards Terms describe Program eligibility, how to earn and redeem Points, exclusions, expiration, member communications, Program modifications, and related rules. To the extent of any conflict between these Terms and the Rewards Terms with respect to the Program, the Rewards Terms control.

We may modify, suspend, or terminate CHAGEE Rewards (or any feature of it) as set forth in the Rewards Terms and subject to applicable law.

11. Email Communications

By providing your email address to CHAGEE and consenting to marketing communications (where required by law), you authorize us to send you marketing emails, push notifications (if you have enabled them on your mobile device), or marketing communications through additional channels, about CHAGEE products, promotions, events, surveys, and other matters. You may unsubscribe from marketing emails at any time using the unsubscribe link in the email or by adjusting your account preferences. We may still send you transactional or service-related communications (such as order confirmations, customer service responses, and account or security notices) even if you have opted out of marketing communications.

12. Promotions, Sweepstakes, and Contests

From time to time we may offer promotions, sweepstakes, contests, and similar offerings (each, a “Promotion”) through the Services. Each Promotion may be governed by additional terms (“Promotion Terms”) that will be made available to you at the time of the Promotion. To the extent of any conflict between these Terms and the Promotion Terms, the Promotion Terms will control with respect to that Promotion. Participation in a Promotion is void where prohibited.

13. Third-Party Services

13.1. Third-Party Links, Services, and Content

The Services may contain links to, or integrations with, third-party websites, applications, services, or content (“Third-Party Services”), including social media platforms, payment processors, delivery services, advertising and analytics providers, and others. Third-Party Services are provided for your convenience and are not under our control. We do not endorse, are not responsible for, and make no representations or warranties about Third-Party Services, including their content, products, services, accuracy, security, or privacy practices. Your use of any Third-Party Service is at your own risk and is governed by the terms and privacy policy of the applicable third party.

13.2. Accessing and Downloading Applications

13.2.(a) Accessing and Downloading the Application from Apple App Store. The following applies to any App accessed through or downloaded from the Apple App Store (”Apple-Sourced App”):

  1. You acknowledge and agree that (i) these Terms are between you and CHAGEE only, and not Apple, Inc. (”Apple”) and (ii) CHAGEE, not Apple, is solely responsible for the Apple-Sourced App and content thereof. Your use of the Apple-Sourced App must comply with the App Store Terms of Service.

  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced App.

  3. In the event of any failure of the Apple-Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of CHAGEE.

  4. You and CHAGEE acknowledge that CHAGEE, not Apple, is responsible for addressing any claims you have or any claims of any third party relating to the Apple-Sourced App or your possession and use of the Apple-Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  5. You and CHAGEE acknowledge that, in the event of any third-party claim that the Apple-Sourced App or your possession and use of that Apple-Sourced App infringes that third party’s intellectual property rights, CHAGEE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

  6. You and CHAGEE acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the Apple-Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Apple-Sourced App against you as a third-party beneficiary thereof.

  7. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the Apple-Sourced App.

13.2.(b). Accessing and Downloading the Application from the Google Play Store or Google Chrome Web Store. The following applies to any App you acquire from the Google Play Store or Google Chrome Web Store (“Google-Sourced App”): (i) you acknowledge that these Terms are between you and CHAGEE only, and not with Google or its affiliates (collectively, “Google”); (ii) your use of the Google-Sourced App must comply with Google’s then-current Google Play Store Terms of Service or Google Chrome Web Store Terms of Service, as applicable; (iii) Google is only a provider of the Google Play Store and Google Chrome Web Store; (iv) CHAGEE, and not Google, is solely responsible for the Google-Sourced App; (v) Google has no obligation or liability to you with respect to the Google-Sourced App or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Google-Sourced App.

14. Disclaimers

THE SERVICES, INCLUDING ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THEM, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHAGEE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “CHAGEE PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

THE CHAGEE PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. THE CHAGEE PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties; the exclusions and limitations in this Section apply to the maximum extent permitted by applicable law.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CHAGEE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA; OR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, ANY CHAGEE CONTENT, OR ANY PRODUCTS OR SERVICES ORDERED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE CHAGEE PARTIES TO YOU, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CHAGEE FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (US$100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages; the exclusions and limitations in this Section apply to the maximum extent permitted by applicable law. Nothing in these Terms is intended to limit any liability that cannot be excluded or limited under applicable law.

16. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the CHAGEE Parties from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or any right (including any intellectual property right or right of privacy or publicity) of any third party; or (e) your fraudulent or negligent acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with us in asserting any available defense.

17. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND CHAGEE TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You may opt out of arbitration within 30 days of first accepting these Terms following the procedures in Section 17.7.

17.1 Informal Dispute Resolution

Before filing any claim, you and CHAGEE agree to first attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) informally for at least sixty (60) days. To begin informal resolution, you must send a written notice describing the Dispute, your name and contact information, and the relief you are seeking, to: CHAGEE (CA) LLC, Attn: Legal & Privacy Office, 17872 Gillette Avenue, Suite 100, Irvine, CA 92614, with a copy to legal@chagee.com (a “Notice of Dispute”). CHAGEE will send any Notice of Dispute to the email address associated with your CHAGEE account or, if none, to the physical address you provide. The parties will use reasonable efforts to resolve the Dispute through good-faith negotiations, including, if requested by either party, a telephonic or videoconference settlement conference. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this informal resolution process. If the Dispute is not resolved within sixty (60) days after receipt of the Notice of Dispute, either party may proceed under the remaining provisions of this Section. Compliance with this Section 17.1 is a condition precedent to commencing arbitration.

17.2 Agreement to Arbitrate

Subject to the carve-outs in Section 17.6, you and CHAGEE agree that any Dispute that is not resolved through informal resolution will be resolved exclusively through final and binding individual arbitration, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

17.3 Arbitration Rules and Procedures

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Consumer Rules”), as modified by these Terms. The AAA Consumer Rules are available at www.adr.org. The arbitration will be conducted by a single, neutral arbitrator. The seat of arbitration will be Orange County, California; however, you may elect to participate in any in-person hearing by videoconference or by telephone. The arbitrator will have exclusive authority to resolve any Dispute, including any threshold question regarding the scope, enforceability, validity, or arbitrability of this arbitration agreement, except that issues regarding the validity, enforceability, or scope of the Class Waiver in Section 17.4 will be decided by a court of competent jurisdiction, not by the arbitrator.

The arbitrator may award the same damages and relief that a court could award, but only in favor of, or against, the individual party seeking relief, and only to the extent necessary to provide that party with the relief warranted by that party’s individual claim. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

17.4 Class, Collective, and Representative Action Waiver

YOU AND CHAGEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING (“CLASS WAIVER”). Unless both you and CHAGEE agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of consolidated, representative, or class proceeding. If a court of competent jurisdiction finds the foregoing waiver unenforceable as to a particular claim or request for relief, then that particular claim or request will be severed from arbitration and proceed in a court of competent jurisdiction sitting in Orange County, California, while the remaining Disputes will continue in arbitration on an individual basis.

17.5 Mass-Arbitration Procedures

If twenty-five (25) or more similar Notices of Dispute are submitted to CHAGEE by, or with the assistance of, the same law firm or coordinated group of counsel within a ninety (90) day period, you and CHAGEE agree that the following “mass arbitration” procedures will apply, and the parties agree these procedures are necessary to manage such filings fairly and efficiently:

If a court of competent jurisdiction determines that the mass-arbitration procedures in this Section 17.5 are not enforceable as to a particular Dispute, that Dispute will proceed in a court of competent jurisdiction sitting in Orange County, California, while the remaining Disputes will continue under these mass-arbitration procedures.

17.6 Carve-Outs

Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court located in the county in which you reside, or another mutually agreed venue, for any Dispute that qualifies for small claims jurisdiction; (b) seek preliminary or injunctive relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights; and (c) bring any Dispute to the attention of any federal, state, or local governmental agency, which may, if applicable law permits, seek relief on the party’s behalf.

17.7 Right to Opt Out of Arbitration

You may opt out of the arbitration agreement and class action waiver in this Section 17 by sending written notice of your decision to opt out to CHAGEE (CA) LLC, Attn: Legal & Privacy Office, 17872 Gillette Avenue, Suite 100, Irvine, CA 92614, with a copy to legal@chagee.com, postmarked within thirty (30) days of the date that you first accept these Terms. Your notice must include your full name, the email address and (if any) mobile phone number associated with your CHAGEE account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, neither you nor CHAGEE will be required to arbitrate Disputes; however, the rest of these Terms (including the governing-law and venue provisions in Section 18) will continue to apply. Opting out has no effect on any other agreements you may have entered into with CHAGEE.

17.8 Severability; Survival

If any provision of this Section 17 is held to be invalid or unenforceable, the remaining provisions will continue in effect, except that if the Class Waiver in Section 17.4 is held to be unenforceable in a particular Dispute, then that particular Dispute will be severed from arbitration as set forth in Section 17.4. This Section 17 will survive any termination of these Terms or your relationship with CHAGEE.

18. Governing Law; Venue

These Terms and any Dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of California, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the arbitration agreement in Section 17. Subject to Section 17, the state and federal courts located in Orange County, California will have exclusive jurisdiction over any Dispute that is not subject to arbitration, and you and CHAGEE consent to personal jurisdiction in those courts and waive any objection based on forum non conveniens.

19. Notice Under California Civil Code Section 1789.3

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Termination; Suspension

We may suspend, restrict, or terminate your access to all or any portion of the Services, including your CHAGEE account, at any time, with or without cause and with or without notice. Without limiting the foregoing, we may take such action if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive activity, presented a security or operational risk to the Services or to other guests, or as otherwise required by applicable law. Upon termination, your license to use the Services and any CHAGEE Content will immediately terminate. The provisions of these Terms that by their nature should survive termination (including Sections 5 (Intellectual Property), 6 (User Content), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Dispute Resolution; Arbitration; Class Waiver), 18 (Governing Law; Venue), and this Section 20) will survive any termination of these Terms or your use of the Services.

21. Changes to These Terms

We may amend these Terms at any time by posting the amended Terms in the Services and updating the “Last Updated” date at the top of this page. If we make a material change to these Terms, we will provide additional notice (such as by email to the address associated with your CHAGEE account or by an in-app or on-site notice) before the change becomes effective. Material changes will not apply retroactively. Your continued access to or use of the Services after the effective date of the amended Terms constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.

22. Copyright Complaints (DMCA Notice)

If you believe that any content available on or through the Services infringes a copyright that you own or control, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to our designated copyright agent at the address below. Your notice must include all of the information required by 17 U.S.C. § 512(c)(3), including: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Send your notice to: CHAGEE (CA) LLC, Attn: DMCA Designated Agent, 17872 Gillette Avenue, Suite 100, Irvine, CA 92614; legal@chagee.com.

23. General Provisions

These Terms, together with any other terms expressly incorporated by reference, constitute the entire agreement between you and CHAGEE regarding your access to and use of the Services and supersede any prior or contemporaneous agreements, communications, and proposals. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable. Our failure to enforce any provision of these Terms is not a waiver of that provision. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent; any attempted assignment without our consent is void. We may freely assign these Terms in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. Headings are for convenience only and do not affect the interpretation of these Terms. The words “include,” “including,” and “such as” are illustrative and not limiting. There are no third-party beneficiaries of these Terms.

24. Contact Us

If you have questions about these Terms or the Services, please contact us at:

CHAGEE (CA) LLC

Attn: Legal & Privacy Office

17872 Gillette Avenue, Suite 100

Irvine, CA 92614

Email: legal@chagee.com (legal/Terms questions); support@chagee.com (general customer support)