GetBrovo Creator Program Terms & Conditions

1.The Creator Program and What GetBrovo Does

GetBrovo operates a technology platform. Within the Creator Program, that platform connects participating restaurants with independent creators who may produce and publish their own social media content about those restaurants.

GetBrovo provides the software that supports the Creator Program, which may include:

• Creator registration and creator accounts
• Discovery of participating restaurants and available opportunities
• Creator referral links and tracking
• Attribution of qualifying orders to a creator link
• Commission calculation and reporting
• Payout processing through a third-party payment provider
• Content submission, review, and status tools
• Support and communication tools

GetBrovo is not the restaurant, is not the advertiser of record for creator content, does not prepare food, does not employ creators, and does not control what a creator chooses to say in their own content.

2.Independent Relationship

Creators are independent participants in the Creator Program.

Nothing in these Creator Terms creates an employment relationship, agency, partnership, joint venture, franchise, or similar relationship between you and GetBrovo, or between you and any participating restaurant.

You are not a GetBrovo employee, agent, representative, franchisee, or partner. You are not a restaurant employee.

You are responsible for your own equipment, internet access, social media accounts, scheduling, transportation, and business expenses, and for your own taxes as described in these Creator Terms.

You have no authority to make commitments, promises, guarantees, or representations on behalf of GetBrovo or on behalf of any restaurant.

3.No Guaranteed Results

GetBrovo does not guarantee creators any restaurant, campaign, opportunity, invitation, approval, discount, free food, promotional meal, earnings, commissions, orders, clicks, views, engagement, follower growth, audience growth, or other outcome.

GetBrovo does not guarantee restaurants any number of creators, applications, videos, posts, published content, customers, orders, sales, views, engagement, marketing performance, or other outcome.

Participation in the Creator Program is not an offer of employment, a guarantee of income, or a business opportunity with promised returns.

Results depend on many factors outside GetBrovo’s control, including the creator’s audience, content quality, posting schedule, platform algorithms, restaurant quality, menu, pricing, location, timing, seasonality, and customer demand.

4.Finding Restaurants and Choosing Opportunities

Creators may generally discover participating restaurants and choose among the opportunities made available to them through the Creator Program.

Availability of a restaurant or an opportunity may depend on the restaurant’s settings, campaign status, budget, capacity, location, program requirements, creator eligibility, and platform rules.

A restaurant appearing in creator discovery is not a guarantee that the restaurant will accept a particular creator, approve particular content, or provide a discount.

5.No Exclusivity

A restaurant cannot demand exclusivity over a creator through the Creator Program and cannot prevent a creator from working with other restaurants, including competing restaurants.

Creators remain free to participate with multiple participating restaurants, to work outside the Creator Program, and to decline any opportunity.

If a restaurant and a creator wish to enter into an exclusive or custom arrangement, that is a separate matter between them. GetBrovo is not a party to it, does not administer it, and does not enforce it. See the section titled "Everything Runs Through the Platform."

6.GetBrovo May Restrict, Suspend, or Remove Participation

GetBrovo may restrict, suspend, hide, limit, or remove a restaurant from creator discovery, or restrict a creator from particular restaurants, campaigns, or opportunities, when reasonably necessary for:

• Platform operation, stability, or capacity
• Safety of creators, restaurant staff, or customers
• Legal or regulatory compliance
• Fraud prevention or abuse prevention
• Investigating a complaint, dispute, or suspected violation
• Protecting the integrity of attribution, commissions, or payouts
• Program quality standards
• Other legitimate business reasons

GetBrovo will apply these measures in a reasonable manner and, where practical and lawful, will let the affected participant know.

7.Everything Runs Through the Platform

Creator opportunities, restaurant discounts, content submissions, attribution, commissions, and payouts administered through the Creator Program must remain within the GetBrovo platform.

Neither creators nor restaurants should circumvent GetBrovo in order to avoid program rules, attribution, tracking, commission obligations, payment mechanisms, or other applicable Creator Program requirements.

GetBrovo is not responsible for, does not administer, does not guarantee, and does not enforce any private or off-platform arrangement between a creator and a restaurant, including any off-platform agreement, payment, promise, discount, service, event, filming arrangement, appearance, product, or other transaction made independently of the platform.

If you choose to make an off-platform arrangement, you do so at your own risk and it is solely between you and the other party.

8.Restaurant Discounts and Promotional Meals

A participating restaurant may choose to offer creators a discount. Depending on the restaurant’s own settings, that discount may be partial or may be a 100% discount, sometimes described as a free promotional meal.

A restaurant is not required to provide any discount unless the restaurant voluntarily configures one.

Offering a discount does not guarantee that any creator will claim the opportunity, attend, produce content, publish content, or produce content that meets program requirements.

A restaurant requesting a certain number of creator videos does not constitute a GetBrovo guarantee that those videos will be produced, published, or delivered.

A promotional meal or discount is a marketing cost and a marketing risk that the participating restaurant voluntarily assumes when it configures the offer.

GetBrovo does not guarantee reimbursement of food cost, discount value, or any other restaurant expense merely because content is rejected, revised, removed, delayed, underperforms, or does not generate sales.

How discounts are applied

Where a discount is offered, it is applied through the GetBrovo platform when the creator completes the workflow required by the applicable opportunity, which may include claiming the opportunity, verifying the visit or order, and submitting the required content within the stated timeframe.

If a creator claims a discount and then fails to complete the required workflow, GetBrovo may restrict future opportunities, withhold or reverse related commissions, require repayment of the discount value where permitted by law and the applicable opportunity terms, or limit participation as described in the section titled "Suspension, Investigation, and Termination."

9.Content Requirements

GetBrovo may establish and update technical, format, and quality requirements for Creator Program eligibility. Requirements applicable to an opportunity will be disclosed through the platform before or at the time you claim it.

Current program requirements may include:

• Original spoken commentary or review by the creator, rather than food-only footage, silent footage, music-only video, slideshow-only content, stock footage, or content copied from another source
• Content that the creator personally created and has the right to publish
• Minimum technical standards such as resolution, audio audibility, duration, and orientation as disclosed for the applicable campaign
• Publication on the creator’s own social media account, publicly viewable, and not deleted or set to private during the applicable campaign period
• A clear and conspicuous disclosure where required by law, as described in the section titled "FTC Disclosures and Advertising Law"
• Natural mention of relevant online-ordering availability where the applicable campaign or program instructions require it

Content that does not meet the disclosed requirements may not qualify for a commission, a discount, or continued participation.

10.Honest Opinions and No Misleading Claims

Creator content must represent the creator’s genuine experience and honest opinions.

You may not make false, deceptive, misleading, fabricated, exaggerated, or unsubstantiated statements, including about food, ingredients, health benefits, allergens, pricing, wait times, awards, rankings, or business results.

GetBrovo does not require creators to say that food or service is good when that is not the creator’s genuine opinion. You are never required to praise a restaurant as a condition of receiving a commission.

You may not review or endorse a restaurant you have not actually visited or ordered from, unless the applicable campaign expressly permits a different format and any required disclosure is made.

You are responsible for the truthfulness of your statements.

11.Corrections and Resubmission

GetBrovo may request reasonable corrections or modifications when submitted content does not satisfy the disclosed campaign, technical, legal, disclosure, or quality requirements.

A correction request is not a request to change your genuine opinion. GetBrovo may ask you to add a required disclosure, fix a technical defect, correct a factual error, remove infringing material, or meet a disclosed format requirement. GetBrovo will not ask you to state an opinion you do not hold.

If you decline to make a required correction, the content may not qualify for a commission or discount under that opportunity.

Repeated failure to meet disclosed program requirements may result in reduced eligibility, restriction from certain campaigns, or suspension as described in the section titled "Suspension, Investigation, and Termination."

12.FTC Disclosures and Advertising Law

You must comply with all applicable advertising, endorsement, and disclosure laws, including the FTC Endorsement Guides and any applicable state law.

If you receive free food, a discount, a commission, referral compensation, a gift, or any other benefit in connection with your content, you must disclose that material connection clearly and conspicuously wherever a disclosure is legally required.

GetBrovo does not require one specific disclosure format in every circumstance. What is required is a disclosure that is legally sufficient, clear, and conspicuous for the platform and format you are using. Depending on the circumstances, that may be a hashtag, an on-screen statement, spoken words in the video, a platform-provided paid-partnership label, or another compliant method.

A disclosure is not sufficient if it is hidden, buried in a list of hashtags, placed behind a "more" link, shown too briefly to read, or presented in a way that a typical viewer would miss.

For practical guidance, see the FTC’s Disclosures 101 for Social Media Influencers.

You remain responsible for making the required disclosures and for the truthfulness of your statements, even if GetBrovo or a restaurant provides suggested wording.

13.Ownership of Your Content

You retain ownership of the original content you create ("Creator Content"), subject to the rights of the social media platform where you publish it and the rights of any third parties whose material appears in it.

The Creator Program currently operates by using the creator’s published social media post or link. GetBrovo does not require you to transfer ownership of your original video file, and participation does not assign your copyright to GetBrovo or to any restaurant.

14.License You Grant

You grant GetBrovo a non-exclusive, worldwide, royalty-free license to display, embed, link to, index, organize, cache, reproduce as technically necessary, resize, reformat for display, and make available the applicable Creator Content within GetBrovo properties and within participating restaurant websites, ordering pages, apps, and related services operated or powered by GetBrovo.

This license exists so that the Creator Program can function: so your post can be embedded or linked on a restaurant page, shown in a creator gallery, and counted for attribution.

This license lasts while the applicable Creator Content and the applicable rights remain available, and it ends with respect to a given item of Creator Content when that content is deleted, made private, or otherwise becomes unavailable, subject to a commercially reasonable period to remove cached or stored copies and to any records GetBrovo must retain for legal, tax, payment, fraud-prevention, or dispute-resolution purposes.

This license does not include the right to alter the substance or meaning of your content, to attribute statements to you that you did not make, or to use your content in a way that is materially inconsistent with how it was published.

15.Restaurant Use of Creator Content

Participating restaurants may share or display eligible creator posts and content through functionality authorized by the Creator Program, subject to this license and to the rules of the applicable social media platform.

A restaurant’s use of creator content outside the functionality authorized by the Creator Program is not covered by these Creator Terms and is a matter between the restaurant and the creator.

16.Paid Advertising Rights Are Not Granted

The license described above does not grant paid-advertising rights.

GetBrovo is not obtaining blanket rights to take a creator’s video and independently run it as a paid advertising creative on Meta, Instagram, Facebook, Google, YouTube, TikTok, or any other advertising platform.

Any future paid-media usage that requires additional rights, including whitelisting, spark codes, branded-content permissions, usage-term extensions, or licensing a creator’s video as an advertisement, must be separately authorized by the creator or governed by updated terms or permissions that the creator accepts.

Nothing in this section prevents GetBrovo or a restaurant from organically sharing, resharing, embedding, or linking to your published post using ordinary platform functionality.

17.Removing Your Content

You retain the ability to remove your own social media content, subject to any obligations you accepted for a specific campaign, such as a minimum posting period disclosed at the time you claimed the opportunity.

If the underlying creator post is deleted, made private, restricted, or otherwise becomes unavailable, the corresponding GetBrovo link or embed may stop working and may be removed from GetBrovo properties and restaurant pages.

Removing content early, in a way that breaks a disclosed campaign requirement, may make the associated commission or discount ineligible and may affect future eligibility.

18.If a Restaurant Leaves GetBrovo

Participation in the Creator Program does not create a long-term contract with any restaurant, and no continued participation should be implied merely because creator content exists or remains published.

If a restaurant stops using GetBrovo, GetBrovo may notify creators associated with that restaurant that the restaurant is no longer participating, and the restaurant’s opportunities, links, and pages may stop functioning.

Creators retain control over whether to keep or remove their own posts, unless another valid agreement says otherwise.

Existing posts are not promised to remain online forever, and GetBrovo does not guarantee that historic creator content will continue to be displayed, remain reachable, generate traffic, or generate commissions.

19.Tracking and Attribution

Creator commissions apply to qualifying orders that are attributable to the creator through GetBrovo’s creator link and tracking system.

When a customer follows your creator link, GetBrovo may set a cookie or use a similar permitted tracking technology on that browser and device so that a later qualifying order can be connected to your link.

The current attribution window is 30 days on the applicable browser and device. If a qualifying order is placed within that window through the tracked path, the order may generate the applicable creator commission according to the program rules in effect at the time.

GetBrovo may change the attribution window prospectively. Changes will not retroactively remove attribution that has already been recorded and confirmed.

20.When Attribution Can Fail

Attribution is a technical process and it does not always succeed. GetBrovo does not guarantee attribution when its tracking system cannot reasonably identify the referral.

Attribution can fail for reasons including:

• The customer blocks, clears, or deletes cookies
• The customer uses private or incognito browsing
• Browser or operating-system privacy features, tracking prevention, or ad blockers interfere with tracking
• The customer clicks the link on one device or browser and orders on another
• The customer opens the link inside an in-app browser that does not preserve the tracking state
• The customer does not use the tracked path, and instead searches for the restaurant separately or types the address directly
• The 30-day attribution window has expired
• The customer orders by phone, in person, or through a channel that is not tracked
• A technical error, outage, or third-party failure prevents the referral from being recorded

Where attribution does not occur, no commission is generated. This is a limitation of how web tracking works and is not a decision made about your content.

21.Commission

Creator commission is calculated using the applicable percentage or rate that is displayed or assigned to you through the Creator Program for the applicable restaurant, campaign, or opportunity.

Rates may differ by restaurant, campaign, region, or program tier.

GetBrovo may change commission rates prospectively, subject to applicable law and these Creator Terms. A rate change does not apply retroactively to orders that were already attributed and confirmed under the previous rate.

No commission rate is permanent unless a specific rate is expressly configured and identified as such for a defined period.

Creators have no right to commissions on orders that are fraudulent, cancelled, refunded, charged back, disputed, ineligible under the applicable campaign rules, self-referred, manipulated, generated by prohibited conduct, or otherwise invalid.

Commissions are calculated on the qualifying order amount as defined in the applicable program rules, and unless those rules state otherwise, exclude taxes, tips, delivery charges, and third-party fees.

22.Commission Cycle and Payout Timing

The Creator Program currently uses a weekly accounting cycle.

Qualifying orders are accumulated during the applicable weekly period. After that period closes, GetBrovo calculates eligible commissions for the period.

Under normal processing, commissions calculated for a closed weekly period are targeted to become available by the following applicable Friday.

This is a target, not a guaranteed payment date. GetBrovo does not guarantee an exact payout date.

Availability and transfer of funds can be delayed by payment processing, identity or account verification, fraud or risk review, refunds, chargebacks, disputes, banking delays, holidays, compliance checks, incomplete tax information, incorrect payout details, or other operational issues.

Where applicable, normal processing may take up to 20 days. This is a general description of expected timing and is not an absolute guarantee.

Balances below any applicable minimum payout threshold disclosed in the platform may be carried forward to a later cycle.

23.Refunds, Chargebacks, and Reversals

If an order that generated a commission is later refunded, cancelled, disputed, charged back, reversed, or found to be fraudulent or ineligible, the associated creator commission may also be reversed.

If the commission has not yet been paid, GetBrovo may cancel or adjust it.

If the commission has already been credited or paid, GetBrovo and/or its payment provider may offset the amount against your future balances, or recover or reverse it, to the extent permitted by applicable law, these Creator Terms, and the payment provider’s own terms.

GetBrovo does not represent that funds already transferred to your external bank account can always be withdrawn or recovered. Recovery rights are limited to what is supported by applicable law and by the payment provider’s applicable terms.

GetBrovo will not use reversal rights to forfeit earned, undisputed compensation that is not connected to a refunded, reversed, ineligible, or fraudulent order.

24.Stripe and Payment Processing

Creator payouts and payment processing may be handled through Stripe, Stripe Connect, or another payment provider disclosed to you in the platform.

To receive payouts, you may be required to create and maintain a connected account with the payment provider and to accept the provider’s applicable terms, including the Stripe Services Agreement and the Stripe Connected Account Agreement.

You may be required to complete identity verification, provide payout details, and satisfy the provider’s tax and compliance requirements before funds can be released.

The payment provider’s handling of your information is described in its own privacy policy, including the Stripe Privacy Policy.

GetBrovo is not responsible for payment-provider outages, holds, reserves, verification decisions, account restrictions, processing delays, or other actions controlled by the payment provider, except to the extent that liability cannot legally be excluded.

GetBrovo does not store your full raw bank account credentials or full raw card numbers.

25.Taxes

You are responsible for your own tax obligations relating to amounts you earn through the Creator Program, except where GetBrovo or a payment provider is legally required to withhold, report, or provide tax documentation.

Commissions are paid as gross amounts. GetBrovo does not withhold income tax, self-employment tax, or similar amounts unless required by law.

You may be required to provide tax information before payouts can be released, such as a Form W-9 for U.S. persons or the applicable Form W-8 series for non-U.S. persons, together with a valid taxpayer identification number.

Tax reporting forms may be issued to you and to the applicable tax authorities where required by applicable federal or state law. Reporting requirements and thresholds are set by law and can change; the applicable requirements at the time of payment will govern.

If required tax information is missing, inaccurate, or fails verification, payouts may be delayed, withheld, or subject to backup withholding as required by law.

GetBrovo does not provide tax advice. You should consult your own tax advisor.

26.Suspension, Investigation, and Termination

GetBrovo may investigate, restrict, suspend, or terminate your participation in the Creator Program, and may withhold pending amounts to the extent legally permissible while an investigation is pending, if GetBrovo reasonably believes there has been:

• Fraud or attempted fraud
• Fake, self-placed, or artificially generated orders
• Self-referrals or attribution manipulation, including link stuffing, cookie stuffing, or unauthorized automation
• Misleading, deceptive, or fabricated content
• Failure to make legally required disclosures
• Copyright, trademark, or other intellectual property violations
• Harassment, threats, discrimination, or unlawful conduct toward restaurant staff, customers, other creators, or GetBrovo personnel
• Repeated low-quality or non-compliant submissions after notice
• Platform abuse, scraping, or unauthorized access
• Attempts to circumvent GetBrovo, program rules, attribution, or payment mechanisms
• Payment abuse, chargeback abuse, or misuse of discounts and promotional meals
• Violation of restaurant rules or platform rules
• Violation of applicable law or of these Creator Terms

Investigation and review

Where GetBrovo withholds or reverses amounts pending an investigation, GetBrovo will use commercially reasonable efforts to complete the review promptly and, where practical and lawful, to tell you the general reason for the action.

You may contest a decision by contacting GetBrovo at the address in the "Contact Information" section and providing relevant information. GetBrovo will review the information you provide before making a final determination.

Nothing in this section is intended to forfeit earned, undisputed compensation that is not connected to the conduct under review, and this section will be applied consistently with applicable law.

Ending participation

You may stop participating in the Creator Program at any time. Ending participation does not by itself cancel commissions already earned on valid, attributed, non-reversed orders.

Sections that by their nature should survive termination will survive, including ownership, license (for content still displayed under an active license), reversals, taxes, disclaimers, limitation of liability, indemnification, and dispute resolution.

27.Intellectual Property and Third-Party Rights

You represent that you have all necessary rights to the content you publish and submit through the Creator Program, including rights to any music, audio, photographs, video footage, artwork, trademarks, logos, brand names, and other third-party material that appears in it.

You are responsible for complying with the music and content licensing rules of the social media platform where you publish. A platform’s in-app music library may be licensed for personal use but not for commercial or branded content; that determination is yours to make.

You may not include third-party material that you are not permitted to use, and you may not film in locations where filming is prohibited.

The GetBrovo name, logo, platform, software, and related branding remain owned by GetBrovo. Participation in the Creator Program does not transfer any GetBrovo intellectual property to you and does not permit you to use GetBrovo branding except as expressly permitted through the program.

Restaurant names, logos, and marks remain owned by the applicable restaurant or its licensors. Any permission to use them is limited to what the applicable opportunity provides.

28.Copyright Complaints and Takedown

GetBrovo respects intellectual property rights and expects Creator Program participants to do the same.

If you believe that content displayed through a GetBrovo property infringes your copyright, you may send a written notice to GetBrovo that includes:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing, with information reasonably sufficient to let GetBrovo locate it
• Your contact information, including address, telephone number, and email address
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Notices may be sent to GetBrovo LLC, 164 Davis Road, Westport, MA, or by email to [email protected].

GetBrovo may remove or disable access to material that is the subject of a valid notice, may notify the affected participant, and may accept counter-notices. GetBrovo may terminate the participation of repeat infringers in appropriate circumstances.

Because much creator content is hosted on third-party social media platforms rather than by GetBrovo, a notice about the underlying post may also need to be submitted to that platform.

29.Content Supplied by Others

The Creator Program displays and links to content supplied by creators, restaurants, customers, and other third parties.

GetBrovo does not pre-approve, endorse, or adopt the statements, opinions, or claims made in creator content. Opinions expressed in creator content are the creator’s own.

GetBrovo may, but is not obligated to, review, moderate, remove, or restrict content that GetBrovo believes violates these Creator Terms, program requirements, applicable law, or the rights of others. Choosing to review some content does not create an obligation to review all content.

To the maximum extent permitted by applicable law, GetBrovo is not responsible for content created, published, or supplied by creators, restaurants, customers, or other third parties.

30.Disclaimers

The Creator Program and the GetBrovo platform are provided "as is" and "as available."

GetBrovo does not warrant that the platform, creator links, tracking, dashboards, reporting, content tools, or payout tools will be uninterrupted, timely, secure, accurate, or error-free.

GetBrovo does not guarantee any earnings, orders, attribution, views, engagement, audience growth, restaurant participation, discount availability, or other result.

GetBrovo does not control and is not responsible for the conduct of creators, restaurants, restaurant staff, customers, delivery providers, social media platforms, or payment providers.

GetBrovo does not control third-party services, including social media platforms, and is not responsible for their outages, policy changes, algorithm changes, account actions, or decisions to remove content or accounts.

To the maximum extent permitted by law, GetBrovo disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

31.Limitation of Liability

To the maximum extent permitted by law, GetBrovo will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost earnings, lost commissions, lost opportunities, lost audience, lost data, business interruption, or reputation damage, arising out of or related to the Creator Program.

To the maximum extent permitted by law, GetBrovo’s total aggregate liability for all claims arising out of or related to the Creator Program and these Creator Terms will not exceed the greater of:

• The total commissions paid or payable to you through the Creator Program during the three months immediately before the event giving rise to the claim; or
• $100

These limitations apply regardless of the legal theory, including contract, tort, negligence, strict liability, or otherwise, and apply even if a limited remedy fails of its essential purpose.

Nothing in these Creator Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence where applicable law does not permit exclusion, or death or personal injury caused by negligence.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

32.Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless GetBrovo, its owners, officers, employees, contractors, affiliates, and service providers from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your Creator Content, including any statement, claim, or depiction in it
• False, deceptive, misleading, or unsubstantiated claims you make
• Your failure to make a legally required disclosure
• Your infringement or misappropriation of any copyright, trademark, right of publicity, privacy right, or other right of a third party
• Music, footage, images, or other third-party material you include without the necessary rights
• Your unlawful activity or violation of applicable law
• Your off-platform conduct, arrangements, or agreements with restaurants or others
• Your violation of these Creator Terms or of applicable program requirements

GetBrovo will notify you of any claim for which it seeks indemnification, and you may participate in the defense. GetBrovo may assume control of the defense of any claim at its own election, and you will not settle any claim in a way that imposes an obligation or admission on GetBrovo without GetBrovo’s written consent.

33.Dispute Resolution

These Creator Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law rules, except to the extent that the law of your state of residence provides rights that cannot be waived.

Informal resolution first

Before starting a formal proceeding, you and GetBrovo agree to try to resolve the dispute informally. You agree to send written notice of the dispute to GetBrovo LLC, 164 Davis Road, Westport, MA, or to [email protected], describing the dispute and the relief you are seeking. GetBrovo will do the same for any dispute it raises with you. The parties will attempt in good faith to resolve the dispute for 60 days after the notice is received.

Arbitration

If the dispute is not resolved informally, either party may elect to resolve it by binding individual arbitration administered by a recognized arbitration provider under its consumer or commercial rules then in effect, as applicable. The arbitration will be conducted in English, and may proceed by written submissions, telephone, or video where the applicable rules allow.

The arbitrator has authority to award the same individual relief that a court could award under applicable law.

Individual basis; class and jury waiver

To the fullest extent permitted by applicable law, disputes will be resolved on an individual basis only. You and GetBrovo waive any right to a jury trial and any right to bring or participate in a class, collective, consolidated, or representative action, except where such a waiver is prohibited or unenforceable under applicable law.

If any part of this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will proceed in court and all other claims will remain in arbitration.

Small claims

Either party may bring an individual claim in a small claims court that has jurisdiction, instead of arbitration, if the claim qualifies.

Opting out of arbitration

You may opt out of the arbitration and class waiver provisions by sending written notice within 30 days after you first accept these Creator Terms, stating your name, the email address on your creator account, and a clear statement that you are opting out of arbitration. Send the notice to GetBrovo LLC, 164 Davis Road, Westport, MA, or to [email protected]. Opting out will not affect your participation in the Creator Program.

Courts

If a dispute is not subject to arbitration, or if either party opts out as described above, the dispute will be brought in the state or federal courts located in the Commonwealth of Massachusetts, and both parties consent to the personal jurisdiction of those courts, except where applicable law gives you the right to bring the claim elsewhere.

Severability

If any provision of this section or of these Creator Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

34.Changes to These Creator Terms

GetBrovo may update these Creator Terms from time to time.

If GetBrovo makes changes, GetBrovo may update the "Last Updated" date, post the updated terms, send an email, or show a notice in the creator dashboard.

Changes apply prospectively. Continued participation in the Creator Program after the updated Creator Terms become effective means you accept them.

If you do not agree to the updated Creator Terms, you should stop participating in the Creator Program.

35.General

These Creator Terms, together with the program requirements, campaign terms, and other GetBrovo terms referenced here, are the entire agreement between you and GetBrovo regarding the Creator Program.

If any provision is found unenforceable, the rest remains in effect.

GetBrovo’s failure to enforce a provision is not a waiver of it.

You may not assign or transfer your creator account or your rights under these Creator Terms without GetBrovo’s written consent. GetBrovo may assign these Creator Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets.

Neither party is liable for delays or failures caused by events outside its reasonable control.

These Creator Terms do not create third-party beneficiary rights, except that participating restaurants may rely on the sections addressing exclusivity, off-platform arrangements, content licensing, and indemnification to the extent those sections concern them.

36.Contact Information

Questions about these Creator Terms may be sent to:

GetBrovo LLC

Mailing Address: 164 Davis Road, Westport, MA

Email: [email protected]

Website: growbrovo.com