Terms and Conditions

User Terms of Service

1. Welcome to BeeBubbly

XTREME JUICE LLC., doing business as BeeBubbly (“we” or “BeeBubbly” or “Company”)* partners with enterprise restaurant brands and their authorized licensees and franchisees (individually and collectively, “Restaurant”) to provide and/or enable Restaurant-branded mobile applications and on-line ordering websites (together, “App/s” or “BeeBubbly App/s”) for use by you (“User”). The BeeBubbly Apps enable: (i) the processing of mobile payments by Users (via the Restaurant’s App and at the Restaurant’s physical locations); (ii) in-App ordering; (iii) customer rewards, incentive, and loyalty programs (collectively, “Loyalty Programs”); (iv) and other related services (collectively (i)-(iv) are “Services” or “BeeBubbly Services”). BeeBubbly provides access to the Services and Apps, including this App, subject to your acceptance of all of the following Terms and Conditions (“User Terms” or “Agreement”).

By accessing, downloading, copying, and/or using a BeeBubbly App, as supported by the BeeBubbly platform (“BeeBubbly Platform”), including this App, and/or the Services, you agree to these User Terms.

IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BEEBUBBLY, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BEEBUBBLY EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST BEEBUBBLY, WHETHER NOW PENDING OR FILED IN THE FUTURE. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. BeeBubbly User Account

In order to use a BeeBubbly App to access the Services and/or engage in any Restaurant Loyalty Programs, you may register with BeeBubbly and create a BeeBubbly User Account (“BeeBubbly User Account” or “User Account”), and associate a valid debit and/or credit card with your User Account. The Services may also permit you to make purchases without a BeeBubbly User Account or without logging in to your User Account (e.g. as a guest). If you make a purchase in this manner, we may create an Account for you based on the information you provide to us in connection with the transaction (e.g., your payment information, name, phone number, email address, and other transaction information). Your registration and use of a BeeBubbly User Account or other use of the Services as a guest are subject to these User Terms.

By registering for a BeeBubbly User Account, you agree that:

A. All information provided to BeeBubbly is accurate, current, and complete, and that you will maintain and update such information as it changes;

B. You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions;

C. You are of legal age to form a binding contract, or you are over the age of 13 and will use the User Account under the supervision of a parent or guardian who agrees to be bound by these User Terms. The BeeBubbly Platform, Services, and Apps are not intended for, nor targeted to, anyone under the age of 13;

D. You do not and have never used or maintained any other BeeBubbly User Account under a different email address (the creation of additional User Account(s) shall be considered a violation of these User Terms); and

E. Your registration and your use of the Services, including but not limited to any BeeBubbly App or website, is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.

Your registration and your User Account, including any User Credit Card, Gift Card Credit, or Restaurant Credit associated with such User Account, and your rights under this Agreement, are personal to you and are not transferable by you to any party.

Payment Methods. BeeBubbly enables you to make purchases from Restaurants through BeeBubbly’s systems by linking your BeeBubbly User Account to a debit, credit, and/or prepaid credit card issued in the United States bearing the trademarks of MasterCard International Inc., Visa Inc., American Express, and/or Discover, and also purchases via certain mobile payment providers (collectively, “Payment Instrument”). Your User Account is not a bank account. BeeBubbly is not a bank and does not offer banking or “money transmission services,” and is not a “money service business,” as those terms are defined by the United States Department of Treasury. By linking a Payment Instrument to your User Account, you represent to BeeBubbly that you are an authorized user of the Payment Instrument. You may change the Payment Instrument associated with your User Account at any time. You are responsible for ensuring that the Payment Instrument associated with your BeeBubbly User Account is at all times current, non-expired, and valid for payments.

Test Authorizations. By associating a Payment Instrument with your BeeBubbly User Account, you consent to BeeBubbly’s temporarily authorizing a charge on that Payment Instrument, typically for $1.00 or less, as part of our verification process. BeeBubbly may elect to make this temporary authorizing charge in its sole discretion. You will not be required to pay this charge, and it will disappear from your Payment Instrument statement within a few days.

Use of BeeBubbly User Accounts for Development Purposes. All uses of a BeeBubbly User Account for the purpose of developing software, applications, or programs that will interface with the BeeBubbly Platform, including without limitation to access any BeeBubbly SDK and/or associated APIs, and the use of the BeeBubbly Developer Sandbox, are additionally subject to BeeBubbly’s Developer Terms , which are incorporated herein by reference. By using your BeeBubbly User Account to access BeeBubbly’s development tools, you agree to all of the Developer Terms.

3. License to Use the BeeBubbly Apps and Websites; Intellectual Property

Limited License. BeeBubbly grants you a limited, non-exclusive, non-transferable license to access, view, download, install, and use the BeeBubbly App(s) solely for the purpose of using the BeeBubbly Services, including the initiation of orders to a Restaurant, payment for such orders, and participating in Restaurant Loyalty Programs. Except as expressly permitted by these User Terms, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the BeeBubbly Apps, Services or BeeBubbly Property (as defined below), or any portion thereof. You may not remove or alter, or reuse in any manner or for any other purpose, any copyright, trademark or other proprietary notices that have been placed on the BeeBubbly Property. You may not collect and use the product listing, pictures, or descriptions within the BeeBubbly Property for any commercial purpose. All rights not expressly granted to you by this Agreement remain the property of BeeBubbly and, if applicable, its licensors.

No Rights to BeeBubbly Property. The BeeBubbly App(s) and website content downloaded or accessed by you pursuant to these User Terms, including without limitation all of the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content, other than User Content, as defined below, and all software embodied in the BeeBubbly website or Apps, or otherwise used by BeeBubbly to deliver the BeeBubbly Services (collectively, the “BeeBubbly Property” or “Property”), are the sole property of BeeBubbly and/or of third parties provided under license to, or used with permission by, BeeBubbly. BeeBubbly reserves all rights in the BeeBubbly Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Property are granted except as expressly provided herein.

Trademarks. The marks “BEEBUBBLY,” the BeeBubbly bee logo, among other marks, and the BeeBubbly scanner, are registered or unregistered trademarks of BeeBubbly and may not be used in connection with any service or products other than those provided by BeeBubbly, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BeeBubbly.

No Illegal Uses. The BeeBubbly Property licensed hereunder shall not be used for any purpose not specifically contemplated by these User Terms, or for any illegal purpose, or to commit or facilitate any act by any person in violation of any law or regulation, and/or any fraud against any person.

Third-Party Property. The BeeBubbly Platform and Apps feature the trademarks, service marks, images, and logos of third parties, including those of BeeBubbly’s Restaurant partners (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such marks, or any others displayed in any App, inures solely to the benefit of their respective owners. BeeBubbly’s use of such Third-Party Property does not imply any affiliation or relationship between BeeBubbly and the third party, nor any endorsement of BeeBubbly or the Services by such third party.

4. Authorization of Payments on the BeeBubbly Platform

Authorization for BeeBubbly to Charge Payment Instrument. By linking a Payment Instrument to your BeeBubbly User Account (including by tapping the “Link Card” authorization button within a BeeBubbly App), and by using an App to initiate a transaction at a Restaurant, to initiate a mobile order for goods provided by a third party, or to purchase a Restaurant Gift Card, you authorize BeeBubbly to charge your linked Payment Instrument as necessary to complete payment to BeeBubbly for the purchase or transaction, including for the total transaction amount less any credit redeemed in connection with your purchase. If such charge is rejected or fails, BeeBubbly may charge your Payment Instrument again at a later time without advance notice to you.

In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your BeeBubbly User Account, you also authorize a credit to your Payment Instrument by BeeBubbly to execute that transaction.

All purchases, orders, and charges authorized using an App and/or the BeeBubbly Services are also subject to the terms and conditions set forth by the entities that issue your Payment Instrument. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.

There is no limit on the frequency of transactions you may make using your BeeBubbly User Account. However, BeeBubbly reserves the right to impose limits without notice on the amount of transaction(s) you make at any Restaurant.

Failed Transactions. In the event that BeeBubbly is unable to successfully charge any linked Payment Instrument, BeeBubbly will notify you via email and/or in-App notification, and you will be unable to initiate further orders or transactions with your User Account. Upon BeeBubbly’s notification to you of such failure, you agree to link a new, valid Payment Instrument within three (3) business days. Your BeeBubbly User Account will be disabled until a valid Payment Instrument is provided and the outstanding uncharged balance is resolved by BeeBubbly. BeeBubbly is not responsible for any charges imposed by the issuer of your Payment Instrument as a result of any failed charge by BeeBubbly. To the extent that BeeBubbly is unable to successfully charge any Payment Instrument linked to your User Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that BeeBubbly may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to BeeBubbly. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your User Account and all monies owed thereunder. You agree that BeeBubbly, or any agency or business employed by BeeBubbly, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with BeeBubbly, in an effort to collect any monies and fees owed under your User Account, whether specifically referenced in these User Terms or not, and such contact may be made in a manual or automated fashion.

Prohibited Transactions. The Services may be used only for the bona fide purchase and exchange, through BeeBubbly, of goods and/or services offered in the ordinary course of a Restaurant’s business, and may not be used to process a payment or otherwise transfer money between two parties. The Services may not be used for transactions in which you request cash back from a Restaurant. The Services shall not be used for the purpose of accepting or transferring security or payment for loans, providing cash advances, check cashing, or otherwise distributing cash to any person or entity, or in connection with any lottery or gambling activity, nor shall the Service be used in any other way that is inconsistent with the purposes of the BeeBubbly Services or in a way that BeeBubbly deems inappropriate in its sole discretion. BeeBubbly reserves the right to decline any attempted transaction if it appears that any of these User Terms have been violated.

Debit/Credit Card Statements. BeeBubbly charges to your authorized Payment Instrument(s) may appear on your statement from the card issuing institution as “BEEBUBBLY*” followed by an identifier related to the location where the transaction initiated and the Restaurant you ordered from.

Transaction Receipts. Following each BeeBubbly transaction initiated using a BeeBubbly App, BeeBubbly will provide you with an electronic transaction receipt through a message within the BeeBubbly App and/or by email to the email address provided by you. The receipt will include the date, location, and amount of the transaction, as well as the identity of the Restaurant at which the transaction occurred. Your transaction history may also be viewed within a BeeBubbly App.

5. Consent to Electronic Disclosures and Notices; Paper Copies

By accepting these User Terms, and/or by checking the box titled “Join BeeBubbly,” “Sign Up,” “Log In,” or any similar requested acknowledgement in connection with the notice: “By tapping above [or below] you agree to BeeBubbly’s Terms & Conditions,” or “By tapping above [or below] you agree to the terms and conditions and privacy policy,” or similar notice, you agree that BeeBubbly will provide you these User Terms, its Privacy Policy, and all other applicable terms, as well as all disclosures, notices, transaction receipts, transaction authorizations, and transaction statements required by law, and other information about your BeeBubbly User Account (collectively, “Disclosures”), and any information related to your and legal rights and duties related to the Disclosures, electronically by posting it on our website, to the email address associated with your User Account, and/or through in-App messaging.

Your electronic acknowledgement of this Agreement has the same effect as if you signed it in ink. You agree that electronic Disclosures and notices have the same meaning and effect as if BeeBubbly had provided you with paper copies, whether or not you choose to view the Disclosures. Such Disclosures and notices are considered received by you within 24 hours of the time posted to our website, or emailed or messaged to you.

In the event that you wish to access and/or retain electronic Disclosures, you will need, and represent that you have, the following: (i) a computer or mobile device with an internet connection; (ii) a valid email address associated with your User Account that can receive emails from the @theBeeBubbly.com; and (iii) sufficient storage space to save past Disclosures and/or an installed printer to print them.

You have a right to receive Disclosures in paper form. If you wish to receive a paper copy of any Disclosure or transaction receipt, you may request a copy of the Disclosure or receipt within 180 days of the date thereof, and BeeBubbly will provide it free of charge. Requests to receive any paper copy, or to withdraw your consent to future electronic Disclosures, may be made by mailing a written request to Support Team, One Center Plaza, Sixth Floor, Boston, MA 02108-1887. We will provide a replacement copy of your receipt within ten (10) business days. Requests to cancel your consent to future electronic Disclosures will be completed in a reasonable time. However, BeeBubbly reserves the right to terminate your BeeBubbly User Account if you withdraw consent to future electronic Disclosures. You may update the information required to contact you electronically by logging into a BeeBubbly App or to the BeeBubbly website.

6. Unauthorized Transactions; Lost Devices; Error Resolution

If any transaction Disclosure received by you appears incorrect, or was unauthorized or fraudulent, you will contact BeeBubbly immediately at:

BeeBubbly Support Team
4013 Main St, Hilliard, OH 43026 

Lost Devices. In the event that you lose any mobile device on which a BeeBubbly App linked to your User Account is installed, or otherwise learn that your User Account password is compromised (“Lost Device”), you shall notify BeeBubbly immediately by contacting our support team via the above-listed address, email address, and/or telephone number.

BeeBubbly Security; Reporting Requirements. BeeBubbly implements a variety of methods and proprietary protocols to protect you from bad actors who may attempt to access and make fraudulent charges using your BeeBubbly User Account. We generally will not seek reimbursement from you to recover any fraudulent charges made using your User Account. However, there are limits to this policy, which may depend on how quickly you notify us of fraudulent activity and other factors.

BeeBubbly will in good faith review and confirm the unauthorized or fraudulent transaction(s) if you notify us within sixty (60) days of the transaction receipt or Lost Device. In such case, BeeBubbly may in its sole discretion refund you no more than (and up to) $500 of lost value.

However, if you fail to notify BeeBubbly of a fraudulent or unauthorized transaction using your User Account within sixty (60) business days of a transaction receipt, or in the case of a Lost Device, within sixty (60) business days of the Lost Device, you will be solely responsible for all such fraudulent or unauthorized charges.

In the event that the state in which you established your User Account provides for lower limitations on liability for fraudulent use, such limitation shall apply in place of these provisions. You are solely responsible for any Gift Card Credit, as defined below, associated with your BeeBubbly User Account, and BeeBubbly is not responsible for the loss of Gift Card Credit associated with fraudulent use of your User Account.

Issuing Institutions. To the extent that the security of your Payment Instrument(s) is compromised in an event having no relation to the BeeBubbly Platform (for example, your wallet is stolen), and your Payment Instrument is linked to another User Account, your liability for any fraudulent transactions will be determined by your agreement with the institution that issued your Payment Instrument. With respect to your card-issuing institution, federal law provides that, should BeeBubbly fail to resolve a dispute as to property or services purchased from BeeBubbly, you may assert against your card issuing institution all claims (other than tort claims) and defenses arising out of the transaction and relating to the failure to resolve the dispute.

User Fraud. By registering for a BeeBubbly User Account, you agree to all additional fees and penalties that BeeBubbly may impose in the event BeeBubbly deems your use of the BeeBubbly platform to be in breach of these User Terms, including without limitation the immediate termination of your BeeBubbly User Account. Further, you agree not to knowingly falsely report charges that you have authorized, as fraudulent or unauthorized claims to your Payment Instrument issuing institution. A knowingly false report of a fraudulent or unauthorized charge shall be grounds for BeeBubbly, in its discretion, to cancel your User Account, and to seek any other remedies available to BeeBubbly.

7. Loyalty Campaigns to Earn/Redeem Rewards (Restaurant Incentive and Reward Campaigns)

Automatic Enrollment. When initiating a BeeBubbly transaction at a Restaurant or initiating online orders from a BeeBubbly App, you participate automatically in any Loyalty Programs offered by the BeeBubbly Restaurant partner and/or third-party partners offering rewards to the Restaurant’s BeeBubbly Users; you also automatically earn any Restaurant-offered rewards, incentives, or discounts (collectively “Restaurant Credit”) and/or third-party-offered incentives, rewards, or discounts (collectively “User Credit”) associated with your transaction.

Automatic Redemption. BeeBubbly will also automatically redeem any Restaurant or User Credit previously awarded at the time of purchase via the participating Restaurant’s point-of-sale (“POS”) system at the time an online or in-store order is completed, in accordance with the terms of such Restaurant Loyalty Program. Restaurant or User Credit applied to the purchase will be deducted from the transaction amount charged by BeeBubbly as part of the authorized charge to the Payment Instrument(s) associated with your User Account.

Non-BeeBubbly Loyalty Programs Are Excluded. Loyalty Program rewards applied to order-ahead or in-store transactions in a BeeBubbly App will include only those rewards displayed in the App, and may not include all rewards advertised by a Restaurant or offered by a Restaurant through other channels, nor rewards in connection with mobile apps or websites other than a BeeBubbly App. Third party loyalty programs offered through channels, programs, or apps not integrated with the BeeBubbly Platform, will not be available when using the Services for purchases and ordering.

Restaurant is Solely Responsible For Its Loyalty Program. Promotional programs, and Restaurant or User Credit associated with Loyalty Programs are offered by the Restaurant, or funding third-party, alone (and not by BeeBubbly), and the offering parties are responsible for: (i) setting applicable rules, including without limitation, the expiration of any Restaurant or User Credit; and (ii) assessing or determining any User’s compliance therewith. Any complaints concerning any Restaurant’s or third-party’s failure to award or redeem Restaurant or User Credit according to any Program may be sent to BeeBubbly at  or by calling (614)710-1431. While BeeBubbly may, in its discretion, attempt to resolve any complaints concerning any failure to award or redeem Restaurant or User Credit, under no circumstances will BeeBubbly be liable or otherwise responsible for any Loyalty Program, Restaurant Credit, or User Credit; nor will BeeBubbly be liable or otherwise responsible for any failure by you to earn, accrue, or redeem any Restaurant or User Credit for any reason. You are solely responsible for complying with the terms and conditions governing any Loyalty Program.

Restaurant is solely responsible for any unclaimed property liability arising from unredeemed Restaurant Credit, or any portion thereof. Restaurant may choose to discontinue a Loyalty Program at any time. BeeBubbly also reserves the right to terminate a Restaurant’s Loyalty Program, or your participation therein, at any time.

Notwithstanding anything to the contrary herein, Restaurant or User Credit associated with any Restaurant Loyalty Program has no cash value. You have no property interest in any Restaurant or User Credit. If a Loyalty Program is terminated for any reason, or if your User Account is suspended or terminated for any reason, any existing Restaurant or User Credit will expire immediately.

Redemption or application of Restaurant or User Credit for alcoholic beverages is at the sole discretion of the Restaurant, and is subject to (and may be limited by) Restaurant’s compliance with applicable federal, state, and local laws and regulations. Restaurants may refuse to apply Restaurant or User Credit to delivery, processing or handling fees, or taxes or gratuities. Additionally, Restaurant may limit or restrict the component parts of any order or purchase so that only certain items accrue User Credits in the Loyalty Program, or exclude non-item charges such as fees, taxes, and gratuities so that they do not count toward the User’s transaction total in assessing any Loyalty Program rewards or earned User or Restaurant Credits.

Neither BeeBubbly nor Restaurant has any obligation to refund you for any unredeemed User or Restaurant Credits or any other benefit associated with a Loyalty Program following the cancellation, suspension, or modification or any Loyalty Program or your BeeBubbly User Account.

8. Your Orders

BeeBubbly enables users to transact with BeeBubbly and to initiate online and in-store orders with our Restaurant partners and/or, where available, delivery services provided by Restaurant or a third-party delivery services provider. BeeBubbly does not warrant the completeness or accuracy of any Restaurant information, including menu information, product descriptions, ingredient lists, calorie count, or business operation information.

BeeBubbly may charge you certain fees in addition to the amounts charged by the Restaurant in connection with a BeeBubbly transaction utilizing BeeBubbly’s mobile ordering services. One or more of these fees, as applicable to your transaction, will be displayed in the App and in your email receipt as a fee and/or surcharge and may be listed as "Service Fee," “Delivery Fee,” “Small Order Fee” or other fee. BeeBubbly reserves the right to establish, remove, and/or revise fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time; in the event that such changes are made, BeeBubbly will take reasonable commercial measures to disclose such changes to you. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower than the total amount due. Therefore, BeeBubbly reserves the right to charge the final price after checkout, including, without limitation, all applicable transaction taxes.