SMOODI SERVICE PROGRAM TERMS & CONDITIONS

PARTIES: 
This smoodi Service Program Agreement (hereinafter referred to as the "Agreement" or 
"Terms") is entered into between smoodi, Inc., a corporation organized under the laws of 
Delaware, with its principal place of business at 125 Western Avenue, Boston, MA 02134 
("smoodi," "we," "us," or "our"), and the customer enrolling in the Service Program ("Customer," 
"Member," "you," or "your"). 
RECITALS: 
● WHEREAS, smoodi provides specialized beverage blending equipment ("Equipment"); 
● WHEREAS, Customer owns or operates smoodi Equipment; 
● WHEREAS, smoodi offers a comprehensive service and maintenance program known 
as the smoodi Service Program ("Service Program") for enrolled Equipment; 
● WHEREAS, Customer desires to enroll eligible Equipment in the Service Program, and 
smoodi agrees to provide the services outlined herein, subject to the terms and 
conditions set forth in this Agreement. 
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained 
herein, and for other good and valuable consideration, the receipt and sufficiency of which are 
hereby acknowledged, the parties agree as follows: 
1. ACCEPTANCE AND ENROLLMENT 
By enrolling in the Service Program, electronically, in writing, or through payment of the 
applicable fees, Customer expressly agrees to be bound by all terms and conditions set forth in 
this Agreement. This Agreement governs Customer's participation in the Service Program and 
supersedes any prior discussions, agreements, or understandings, whether oral or written, 
pertaining specifically to the subject matter of the Service Program. If Customer does not agree 
to these Terms, Customer must not enroll in or utilize the Service Program. smoodi reserves the 
right to amend these Terms upon thirty (30) days' prior written notice to Customer. Continued 
participation in the Service Program after the effective date of any amendments constitutes 
acceptance of the modified Terms. 
2. SCOPE OF SERVICE PROGRAM COVERAGE 
Subject to the terms, conditions, limitations, and exclusions specified herein, smoodi agrees to 
provide the following services for enrolled Equipment during the applicable Term: 
a. Comprehensive Service and Parts 
smoodi shall provide, at no additional charge beyond the Program Fee, necessary labor and 
replacement parts required to repair operational failures of the enrolled Equipment arising from 
normal use and wear and tear. This includes standard service calls initiated by the Customer for 
covered malfunctions. All service shall be performed by smoodi-authorized technicians during 
smoodi's standard business hours (Monday to Friday, 8:00 AM to 4:00 PM Central), unless 
otherwise arranged at smoodi's discretion. 
b. Preventative Maintenance 
smoodi shall perform one (1) preventative maintenance ("PM") visit per enrolled machine per 
annum. The scheduling of the PM visit shall be coordinated between smoodi and Customer, 
typically initiated by smoodi based on operational data or elapsed time. The PM visit aims to 
inspect, clean, adjust, and replace certain high-wear components as deemed necessary by the 
technician to maintain optimal performance and minimize unscheduled downtime. 
c. Machine Replacement Guarantee 
In the event smoodi determines, in its sole and absolute discretion, that enrolled Equipment 
suffering from a covered operational failure is commercially impracticable to repair, smoodi shall 
replace the non-operational Equipment with a new or refurbished unit of comparable model, 
features, and functionality ("Replacement Equipment"), irrespective of the original Equipment's 
age. Title and ownership provisions related to replacement are detailed in Section 7. 
d. Supply and Marketing Material Credit 
Upon enrollment and each annual renewal, Customer shall receive a credit valued at One 
Hundred U.S. Dollars ($100.00) for use exclusively towards the purchase of smoodi-branded 
supplies or marketing materials available on the official smoodi online store. This credit is 
non-transferable, has no cash value, expires at the end of the applicable annual term if unused, 
and its use is subject to the terms and conditions of the smoodi online store. 
e. Automatic Sanitizer Solution Shipment 
smoodi shall automatically ship a standard supply of smoodi-approved machine sanitizer 
solution to the Customer's designated address approximately every six (6) months, at no 
additional charge. Customer is responsible for the proper storage and use of the sanitizer as per 
smoodi guidelines. 
f. Complimentary Sampling Event 
Customer is entitled to request one (1) complimentary product sampling event per annual term 
at their location, hosted by a smoodi representative. Scheduling is subject to mutual agreement, 
representative availability, and geographic feasibility. Customer is responsible for providing a 
suitable space and any necessary permits or approvals for the event. 
3. PLAN ENROLLMENT, FEES, AND RENEWAL 
a. Enrollment and Promotional Pricing 
Customer may enroll by selecting either a monthly or annual payment plan. Promotional pricing 
of Fifty U.S. Dollars ($50.00) per month or Five Hundred Fifty U.S. Dollars ($550.00) per year is 
available for enrollments completed on or before May 15, 2025. 
b. Standard Pricing 
For enrollments completed after May 15, 2025, or upon renewal following the promotional 
period, the standard rates shall apply, currently set at Sixty U.S. Dollars ($60.00) per month or 
Six Hundred Fifty U.S. Dollars ($650.00) per year. smoodi reserves the right to adjust standard 
pricing upon renewal with at least sixty (60) days' prior written notice. 
c. Payment Terms 
Monthly fees are due on the monthly anniversary of the enrollment date. Annual fees are due in 
full upon enrollment and each subsequent annual renewal date. Customer agrees to provide 
and maintain a valid payment method (e.g., credit card, ACH authorization). Failure to remit 
payment within ten (10) days of the due date may result in immediate suspension of Service 
Program coverage, potential late fees as permitted by law, and eventual termination of the 
Agreement. 
d. Automatic Renewal 
This Agreement shall automatically renew for successive periods equal to the initial term 
selected (monthly or annually) unless either party provides written notice of non-renewal to the 
other party at least thirty (30) days prior to the end of the then-current term. 
e. Taxes 
All fees specified herein are exclusive of any applicable federal, state, provincial, or local sales, 
use, value-added, excise, or other taxes, duties, or levies. Customer shall be solely responsible 
for the payment of all such applicable taxes, which may be added to Customer's invoice as 
required by law. 
4. COVERAGE LIMITATIONS AND EXCLUSIONS 
Notwithstanding any provision herein to the contrary, the Service Program coverage explicitly 
excludes, and smoodi shall have no obligation to provide service, parts, or replacement arising 
from or related to, the following: 
a. Negligence, Misuse, or Improper Operation 
Damage or failures caused by Customer's negligence, willful misconduct, abuse, misuse, 
improper operation (including failure to follow operating manuals, cleaning protocols, or usage 
guidelines provided by smoodi), use of incorrect voltage, or unauthorized modifications or 
alterations to the Equipment not approved in writing by smoodi. 
b. Non-Approved Consumables or Sanitizer Misuse 
Damage or failures resulting from the use of ingredients, consumables, cleaning agents, or 
parts not expressly approved or supplied by smoodi, or damage resulting from the failure to use 
the provided smoodi sanitizer solution as directed. 
c. External Causes and Force Majeure 
Damage or failures caused by accidents, vandalism, theft, fire, flood, water damage, power 
surges or irregularities, lightning, pest or rodent infestation, acts of God, natural disasters, war, 
terrorism, civil unrest, or other external events beyond smoodi's reasonable control (as further 
defined in Section 13). 
d. Unauthorized Service or Tampering 
Any service, repair, maintenance, or modification performed on the Equipment by personnel not 
expressly authorized in writing by smoodi. Evidence of tampering shall void coverage. 
e. Improper Environment or Installation 
Damage or failures resulting from operating the Equipment outside of the environmental 
parameters specified in the user manual (e.g., temperature, humidity), inadequate ventilation, 
unstable surfaces, or improper initial installation not performed or approved by smoodi. 
f. Non-Commercial Use 
Use of the Equipment in a residential setting or any environment not considered a standard 
commercial or institutional application for which the Equipment was designed. 
g. Cosmetic Damage 
Scratches, dents, discoloration, or other cosmetic issues that do not affect the operational 
functionality of the Equipment. 
h. Expendable Items 
Routine replacement of items considered expendable or consumable, other than the 
specifically included semiannual sanitizer shipments (e.g., light bulbs, fuses readily accessible 
to the user, certain filters unless replaced during PM). 
i. Pre-Existing Conditions 
Malfunctions or conditions that existed prior to the effective date of the Equipment's enrollment 
in the Service Program, unless expressly agreed upon in writing by smoodi. 
j. Refusal of Maintenance 
Failures attributable to the Customer's unreasonable refusal or repeated postponement of 
scheduled Preventative Maintenance visits recommended or required by smoodi. smoodi 
reserves the right to suspend coverage if required maintenance is unduly delayed by the 
Customer. 
5. CUSTOMER RESPONSIBILITIES 
Customer shall, at its own expense: 
a. Operate and Maintain Properly 
Strictly adhere to all operating instructions, cleaning procedures, safety warnings, and 
maintenance guidelines provided in the smoodi user manuals and any supplementary 
documentation. 
b. Provide Suitable Environment 
Ensure the Equipment is installed and operated in a clean, safe, secure, and suitable indoor 
environment meeting the specifications outlined by smoodi, including stable and correct 
electrical power, adequate ventilation, and appropriate ambient temperature and humidity levels. 
c. Prompt Notification 
Notify smoodi promptly, typically within 24–48 hours of discovery, of any Equipment 
malfunction, damage, or need for service under this Agreement, providing sufficient detail to 
facilitate diagnosis. 
d. Provide Access 
Grant smoodi-authorized technicians safe, clear, and unimpeded access to the enrolled 
Equipment during smoodi's standard business hours (or as otherwise mutually agreed) for the 
purpose of performing inspections, preventative maintenance, repairs, or replacements. 
e. Cooperation 
Cooperate fully with smoodi technicians and support staff during service activities, including 
providing necessary information about the Equipment's operational history and observed issues. 
f. Use Approved Materials 
Utilize only smoodi-approved consumables, ingredients, and cleaning supplies as specified for 
the Equipment. 
6. SERVICE REQUESTS AND RESPONSE 
a. Initiation 
Customer shall initiate service requests through smoodi's designated channels (e.g., phone 
number: 8554766634, email address: service@getsmoodi.com, or an online portal if 
provided), furnishing the machine serial number, location, description of the issue, and contact 
information. 
b. Response Efforts 
smoodi will use reasonable commercial efforts to respond to service requests within two (2) to 
three (3) business days of receipt during standard business hours (Monday–Friday, 8:00 
AM–4:00 PM Central, excluding holidays). Response times are targets and not guaranteed, and 
may vary based on geographic location, technician availability, parts availability, and the nature 
of the reported issue. smoodi may prioritize service based on the severity of the malfunction. 
c. Service Records 
smoodi shall maintain records of service performed under this Agreement. Customer agrees 
not to tamper with or alter any service logs or diagnostic data related to the Equipment. 
7. MACHINE REPLACEMENT PROCEDURE 
a. Determination 
The determination of whether Equipment is commercially impracticable to repair rests solely 
with smoodi. 
b. Replacement Unit 
If replacement is deemed necessary per Section 2(c), smoodi will provide Replacement 
Equipment. Customer acknowledges that Replacement Equipment may be new or refurbished, 
at smoodi's discretion, but will be functionally equivalent to the replaced unit. 
c. Title Transfer and Return 
Upon delivery and installation of the Replacement Equipment, title to the original, 
non-operational Equipment shall immediately transfer to smoodi. Customer agrees to cooperate 
fully in making the original Equipment available for pickup by smoodi or its designated agent at 
smoodi's expense. Title to the Replacement Equipment shall remain with smoodi until all 
outstanding Program Fees and any other charges due under this Agreement or related 
financing/leasing agreements (if applicable) are paid in full, at which point title may transfer 
consistent with the underlying equipment acquisition terms. 
8. WARRANTIES; DISCLAIMERS; REMEDIES 
a. Limited Product Warranty (Initial) 
smoodi warrants to the original Buyer (which may be the Customer) that newly purchased 
Equipment shall be free from significant defects in material and workmanship for the earlier of 
either one (1) year from the date the Equipment is installed or thirteen (13) months from the 
date on which the Equipment is shipped from smoodi ("Initial Warranty Period"). This Initial 
Warranty Period is distinct from the ongoing coverage provided by the Service Program. 
b. DISCLAIMER OF OTHER WARRANTIES 
CUSTOMER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS 
LIMITED PRODUCT WARRANTY STATED IN SECTION 8(a) AND THE SERVICE 
COMMITMENTS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE EQUIPMENT AND 
ALL SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "WITH ALL 
FAULTS." SMOODI MAKES NO OTHER REPRESENTATION OR WARRANTY 
WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT OR THE 
SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR 
NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF 
PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE WARRANTIES AND SERVICE 
COMMITMENTS IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER 
WARRANTIES AND OBLIGATIONS WITH RESPECT TO THE EQUIPMENT AND SERVICES, 
ALL OF WHICH ARE EXPRESSLY DISCLAIMED. 
c. Conditions for Warranty Claims (Initial Warranty Period) 
smoodi shall not be liable for a breach of the limited product warranty set forth in Section 8(a) 
unless: (i) Customer gives smoodi written notice of the defect within five (5) days after 
Customer's discovery thereof; (ii) smoodi is given a reasonable opportunity after receiving the 
notice to examine such Equipment; and (iii) smoodi reasonably verifies Customer's claim that 
the Equipment is defective. smoodi shall not be liable for such a warranty breach if the defect 
arises because Customer failed to follow any manual, label, warning, instruction, or industry 
standard as to the storage, installation, operation, or maintenance of the Equipment, or if 
Customer alters or modifies the Equipment without smoodi's prior written authorization. 
d. Exclusive Remedies (Initial Warranty Breach & Service Program Failures) 
Subject to the exclusions and limitations herein, in the event of a breach of the limited product 
warranty during the Initial Warranty Period, or a covered failure during the term of the Service 
Program, smoodi shall, in its sole discretion: (i) repair the affected Equipment; (ii) replace the 
affected Equipment or part thereof (pursuant to Section 7 if applicable); or (iii) in lieu of repair or 
replacement, potentially offer a credit or refund related to the Service Program fees, though 
typically repair or replacement are the primary remedies. If smoodi exercises its option to 
replace under this Section or Section 7, Customer shall cooperate with the return of the affected 
Equipment as directed by smoodi. THE REMEDIES SET FORTH IN THIS AGREEMENT 
SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AND SMOODI'S ENTIRE 
LIABILITY FOR ANY BREACH OF WARRANTY OR FAILURE TO PROVIDE SERVICES 
HEREUNDER. 
9. LIMITATION OF LIABILITY 
a. EXCLUSION OF CERTAIN DAMAGES 
IN NO EVENT SHALL SMOODI BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, 
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST 
PROFITS OR REVENUES, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, 
OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN 
CONNECTION WITH THIS AGREEMENT, THE SERVICE PROGRAM, OR THE USE OR 
PERFORMANCE OF THE EQUIPMENT, REGARDLESS OF: (i) WHETHER SUCH DAMAGES 
WERE FORESEEABLE, (ii) WHETHER OR NOT SMOODI WAS ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES, (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, 
TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) UPON WHICH THE CLAIM IS 
BASED, AND (iv) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL 
PURPOSE. 
b. AGGREGATE LIABILITY CAP 
IN NO EVENT SHALL SMOODI'S AGGREGATE LIABILITY ARISING OUT OF, RELATING TO, 
RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE 
PROGRAM, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT 
(INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES 
PAID BY CUSTOMER TO SMOODI FOR THE SERVICE PROGRAM DURING THE TWELVE 
(12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE 
CLAIM. 
10. INDEMNIFICATION 
Customer shall indemnify, defend, and hold harmless smoodi, its affiliates, and their respective 
officers, directors, employees, agents, successors, and assigns (each, an "Indemnified Party") 
from and against any and all claims, actions, suits, proceedings, damages, liabilities, losses, 
costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs) 
directly or indirectly arising out of, related to, resulting from, or in connection with: (a) 
Customer's use, misuse, storage, handling, or operation of the Equipment; (b) Customer's 
breach of any representation, warranty, covenant, or obligation under this Agreement; (c) any 
negligence or willful misconduct by Customer or its employees, agents, or contractors; or (d) 
any injury, illness, or death to persons, or damage to property, alleged to have been caused, in 
whole or in part, by Customer's actions or omissions relating to the Equipment or this 
Agreement. 
11. TERMINATION AND CANCELLATION 
a. Termination by Customer 
Customer may terminate this Agreement and cancel its Service Program membership by 
providing written notice to smoodi at least thirty (30) days prior to the intended date of 
termination. Termination will be effective at the end of the billing cycle following the 30-day 
notice period. 
b. Termination by smoodi for Cause 
smoodi may suspend or terminate this Agreement and Customer's participation in the Service 
Program immediately upon written notice if Customer: (i) fails to pay any amount when due 
hereunder and such failure continues for fifteen (15) days after written notification thereof; (ii) 
materially breaches any term or condition of this Agreement (other than non-payment) and fails 
to cure such breach within thirty (30) days after written notice describing the breach; (iii) 
misuses the Equipment or Service Program in a manner that poses a risk to smoodi property or 
personnel; or (iv) becomes insolvent, files for bankruptcy, or makes an assignment for the 
benefit of creditors. 
c. Termination by smoodi without Cause 
smoodi reserves the right to discontinue the Service Program or terminate this Agreement 
without cause upon providing Customer with at least sixty (60) days' prior written notice. In such 
event, smoodi shall provide a pro-rata refund of any prepaid annual fees for the unused portion 
of the term. 
d. Effect of Termination; No Refunds 
Upon termination for any reason, smoodi's obligation to provide services under the Service 
Program shall cease. Except as expressly provided in Section 11(c) or as required by applicable 
law, no refunds or credits will be issued for any partial month or unused portion of an annual 
term upon termination by Customer or termination by smoodi for cause. Customer may be 
required to return any unused, automatically shipped supplies (like sanitizer) upon termination. 
12. GOVERNING LAW AND DISPUTE RESOLUTION 
a. Governing Law 
This Agreement and all matters arising out of or relating to this Agreement shall be governed by 
and construed in accordance with the internal laws of Massachusetts, without giving effect to 
any choice or conflict of law provision or rule. 
b. Binding Arbitration 
Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, 
termination, enforcement, interpretation, or validity thereof, including the determination of the 
scope or applicability of this agreement to arbitrate, shall be determined exclusively by final and 
binding arbitration administered by the American Arbitration Association (AAA) under its 
Commercial Arbitration Rules. The arbitration shall be conducted in Boston, Massachusetts 
before a single arbitrator. The arbitrator's award shall be final and binding, and judgment on the 
award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 
c. Exceptions 
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a 
court of competent jurisdiction to prevent the actual or threatened infringement, 
misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other 
intellectual property rights. 
d. WAIVER OF CLASS ACTIONS 
Customer and smoodi agree that any dispute resolution proceedings, whether in arbitration or 
court, will be conducted only on an individual basis and not in a class, consolidated, or 
representative action. 
13. FORCE MAJEURE 
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted 
under or breached this Agreement, for any failure or delay in fulfilling or performing any term of 
this Agreement (except for any obligations to make payments), when and to the extent such 
failure or delay is caused by or results from acts beyond the affected party’s reasonable control, 
including, without limitation: (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, 
epidemic; (c) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; (d) 
government order, law, or action; (e) embargoes or blockades; (f) national or regional 
emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) 
shortage of adequate power or transportation facilities; or (i) other similar events beyond the 
reasonable control of the party impacted (each a "Force Majeure Event"). The party suffering a 
Force Majeure Event shall give prompt written notice to the other party, stating the period of time 
the occurrence is expected to continue, and shall use diligent efforts to end the failure or delay 
and minimize its effects. 
14. CONFIDENTIALITY 
Customer acknowledges that in the course of receiving services, it may have access to certain 
non-public information regarding smoodi's service methods, pricing, or technical data 
("Confidential Information"). Customer agrees to maintain the confidentiality of such information 
and not disclose it to any third party, except as required by law or as necessary to fulfill its 
obligations under this Agreement. This obligation shall survive the termination of this 
Agreement. 
15. SOFTWARE AND DATA 
If the Equipment includes embedded software ("Software") or requires connectivity for 
diagnostics or updates: 
a. License 
Customer's use of any Software is subject to the terms of a separate End User License 
Agreement ("EULA") if provided, or otherwise subject to a limited, non-exclusive, 
non-transferable license solely for operating the Equipment as intended. 
b. Remote Access and Updates 
Customer consents to smoodi accessing the Equipment remotely (if technically feasible and 
enabled) for the purposes of diagnostics, software updates, performance monitoring, and 
providing services under this Agreement. smoodi will make reasonable efforts to perform such 
access in a manner that minimizes disruption to Customer's operations. 
c. Restrictions 
Customer shall not, and shall not permit others to, copy, modify, reverse engineer, decompile, 
disassemble, or otherwise tamper with the Software or any embedded diagnostic or 
communication components of the Equipment. 
16. ENTIRE AGREEMENT 
This Agreement, together with any specific enrollment forms, referenced EULAs, or privacy 
policies provided by smoodi, constitutes the sole and entire agreement between Customer and 
smoodi with respect to the Service Program and supersedes all prior and contemporaneous 
understandings, agreements, representations, and warranties, both written and oral, with 
respect to its subject matter. 
17. AMENDMENTS AND WAIVER 
a. Amendments 
Except as otherwise provided herein (e.g., smoodi's right to amend upon notice per Section 1), 
no amendment to or modification of this Agreement is effective unless it is in writing and signed 
by an authorized representative of each party. 
b. Waiver 
No waiver by either party of any of the provisions hereof shall be effective unless explicitly set 
forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, 
any right, remedy, power, or privilege arising from this Agreement shall operate or be construed 
as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or 
privilege hereunder preclude any other or further exercise thereof or the exercise of any other 
right, remedy, power, or privilege. 
18. SEVERABILITY 
If any term or provision of this Agreement is found by a court of competent jurisdiction or 
arbitrator to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability 
shall not affect any other term or provision of this Agreement or invalidate or render 
unenforceable such term or provision in any other jurisdiction. Upon such determination, the 
parties shall negotiate in good faith to modify the Agreement so as to effect the original intent of 
the parties as closely as possible. 
19. ASSIGNMENT 
Customer shall not assign or transfer any of its rights or delegate any of its obligations under 
this Agreement, in whole or in part, by operation of law or otherwise, without the prior written 
consent of smoodi. Any purported assignment or delegation in violation of this Section shall be 
null and void. smoodi may assign its rights and delegate its obligations under this Agreement 
without Customer's consent (e.g., in connection with a merger, acquisition, or sale of assets). 
This Agreement is binding upon and inures to the benefit of the parties hereto and their 
respective permitted successors and assigns. 
20. NOTICES 
All notices, requests, consents, claims, demands, waivers, and other communications 
hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses 
set forth below (or to such other address that may be designated by the receiving party from 
time to time in accordance with this section). Notices shall be delivered by personal delivery, 
nationally recognized overnight courier (with all fees pre-paid), certified or registered mail (in 
each case, return receipt requested, postage prepaid), or email (with confirmation of 
transmission). Except as otherwise provided, a Notice is effective only (a) upon receipt by the 
receiving party, and (b) if the party giving the Notice has complied with the requirements of this 
Section. 
● Notices to smoodi: 
125 Western Avenue, Boston, MA 02134 
Email: service@getsmoodi.com 
● Notices to Customer: 
To the address and email provided during enrollment. 
21. CONTACT INFORMATION (GENERAL INQUIRIES) 
For general questions about the Service Program, service requests, or billing (distinct from 
formal legal Notices under Section 20), please contact smoodi at: 
● Email: service@getsmoodi.com 
● Phone: 8554766634 
● Mailing Address (for general correspondence): 125 Western Avenue, Boston, MA 
02134 (if different from Legal Notice Address, specify) 
IN WITNESS WHEREOF, enrollment in the Service Program signifies Customer's agreement to these terms and condition