Sweetz Wholesale — Terms of Use

Effective date: October 29, 2025

Welcome to the Sweetz Wholesale Portal (the “Portal”). By creating an account, accessing, or using the Portal, you agree to these Terms of Use (the “Terms”).

1) Eligibility & Authorized Use

The Portal is for Sweetz Cheesecake (“Sweetz”) business customers and their authorized personnel only. By using the Portal, you represent and warrant that:

• You are at least 18 and acting on behalf of a legitimate business customer of Sweetz.
• You are authorized to place orders and manage the account for your business.
• All information you provide is true, accurate, and kept current.

2) Accounts, Security & Electronic Communications

• Credentials. You must keep your login credentials confidential and promptly notify Sweetz of any suspected unauthorized access.
• Password handling. We store passwords only as salted, hashed values (never as raw/plaintext).
• Two-step verification. We may offer optional multi-factor verification (e.g., one-time codes).
• Your security responsibilities. Use updated browsers/OS, maintain device security, and log out on shared devices. You are responsible for activity under your account unless caused by Sweetz’s breach of these Terms.
• Electronic communications. You consent to receive transactional communications electronically (e.g., order receipts, status, security alerts). See Section 4 and the Privacy Notice for details.

3) Ordering, Pricing, Payment & Delivery

• Minimums & cut-offs. Orders may be subject to product minimums, order cut-off times, and designated delivery windows published in the Portal or provided by your Sweetz representative.
• Review before submit. Please review orders carefully prior to submission. After cut-off, change requests may not be possible.
• Acceptance & availability. Sweetz may accept or decline any order at its discretion. If an item is unavailable, Sweetz may (when permitted) substitute reasonably comparable items or issue a refund/credit for the unavailable portion.
• Pricing & taxes. Prices are subject to change until order acceptance. Applicable taxes, fees, and delivery charges will be added as required by law.
• Payment terms. Payment terms (e.g., due upon receipt, net terms) will be as stated on invoices, or in your customer agreement.
• Delivery windows. Delivery times are good-faith estimates and may shift for operational or safety reasons (e.g., weather, traffic).
• Inspection on delivery. Inspect products at delivery for visible shortages or damage and note any issues immediately on delivery documentation or notify Sweetz within 24 hours with photos and order details.

4) Communications You’ll Receive

We send transactional communications necessary to operate the Portal and fulfill orders, including:

• Order receipts and updates (e.g., item changes, substitutions)
• Delivery status (e.g., In-Transit / Delivered)
• Operational and security notices (e.g., password resets, verification, unusual activity)
• Optional weekly reminder emails

Preferences. In your profile you may control certain notifications (e.g., order/update emails and delivery status emails).

5) Food Safety, Storage & Returns

• Perishable goods. Our products are perishable and may contain allergens (e.g., dairy, eggs, gluten, nuts). Follow storage/handling instructions.
• Returns. For food safety, we generally cannot accept returns of perishable products. If you experience a quality issue, contact Sweetz within 24 hours of delivery with photos and a description. If verified, Sweetz may provide a replacement or credit at its discretion.
• Improper storage/handling. Sweetz is not responsible for quality issues resulting from improper storage, handling, or use after delivery.

6) Acceptable Use

• Do not access the Portal in a way that harms, degrades, or unduly burdens it or other users;
• Do not bypass or attempt to bypass security; reverse-engineer; scrape; or use automated tools (e.g., bots) not expressly permitted;
• Do not use the Portal for unlawful, infringing, or misleading purposes.

We may suspend or terminate access for suspected violations or security risks. Sweetz may monitor access/activity consistent with the Privacy Notice.

7) Intellectual Property & Feedback

The Portal (including content, branding, software, and documentation) is owned by Sweetz or its licensors and protected by law. Sweetz grants you a limited, revocable, non-transferable license to use the Portal solely to place and manage business orders with Sweetz. If you provide feedback, ideas, or suggestions, you grant Sweetz a royalty-free, perpetual license to use them without restriction or compensation.

8) Confidentiality

Non-public information you receive from Sweetz through the Portal (including pricing, product roadmaps, or operations notes) is Sweetz confidential information. Do not disclose it except to your personnel who need to know for ordering and are subject to similar confidentiality obligations.

9) Beta / Experimental Features

From time to time, Sweetz may make beta or experimental features available. They are provided as-is, may change or end at any time, and may be subject to additional terms.

10) Service Changes & Availability

We may modify or discontinue the Portal or any feature. We strive for high availability but do not guarantee that the Portal will be uninterrupted or error-free.

11) Disclaimers; Limitation of Liability

THE PORTAL AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SWEETZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT).

TO THE FULLEST EXTENT PERMITTED BY LAW, SWEETZ WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; OR LOSS OF DATA. SWEETZ’S TOTAL LIABILITY RELATING TO THE PORTAL WILL NOT EXCEED THE AMOUNTS YOU PAID TO SWEETZ FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT.

12) Indemnification

You agree to defend, indemnify, and hold harmless Sweetz from claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your misuse of the Portal; or (c) any allegation that information you submit violates law or third-party rights.

13) Force Majeure

Sweetz is not liable for delays or failures caused by events beyond its reasonable control (e.g., weather, labor issues, transportation failures, supplier shortages, power outages, acts of government).

14) Changes to These Terms

We may update these Terms. If changes are material, we will notify you (e.g., email or in-Portal notice). Your continued use after the effective date constitutes acceptance of the revised Terms.

15) Governing Law, Venue & Disputes

These Terms are governed by the laws of the State of Maryland, without regard to conflicts-of-law rules. Except for (i) individual claims in small-claims court and (ii) claims for injunctive relief, any dispute arising out of or relating to these Terms or the Portal will be resolved by binding arbitration under the Federal Arbitration Act and the JAMS Streamlined Arbitration Rules before a single arbitrator. The hearing will occur in Montgomery County, Maryland, or by remote video if permitted. Class actions and class-wide arbitration are waived. Judgment on the award may be entered in any court of competent jurisdiction. For small-claims cases or injunctive relief, venue lies in the state courts of Maryland sitting in Montgomery County, Maryland, or the U.S. District Court for the District of Maryland, Southern Division (Greenbelt), and the parties consent to those courts. Providing or delivering products into other states (including Virginia) does not alter this choice of law, arbitration, or venue.

16) Entire Agreement; Assignment; Severability

These Terms (plus any applicable order forms/invoices) constitute the entire agreement regarding the Portal. You may not assign these Terms without Sweetz’s prior written consent. If any provision is found unenforceable, the remainder remains in effect.

Contact: info@sweetzcheesecake.com | (301) 590-1159 • Address: 8367 Snouffer School Rd. Gaithersburg, MD 20879

Sweetz Wholesale — Privacy Notice

Effective date: October 29, 2025

This Privacy Notice explains how Sweetz Cheesecake (“Sweetz,” “we,” “us”) collects, uses, and shares information when you use the Sweetz Wholesale Portal (the “Portal”).

1) What We Collect

Account & Profile

• Email; first/last name; restaurant group and location; role
• Phone number (E.164 format) if provided
• Password hash + salt and password version (never raw passwords)
• Verification and password-reset tokens + timestamps; 2-step codes + expiry (when used)
• Notification preferences (e.g., order/update emails, delivery status, reminders)
• Terms/Privacy acceptance flags + timestamps; consent IP (when enabled)
• Created/updated timestamps and related account metadata

Ordering & Operations

• Order IDs, items, quantities, totals, requested delivery dates, “placed by” user
• Delivery status events (e.g., In-Transit / Delivered) tied to a specific Restaurant | Location
• Operational/audit logs needed to troubleshoot, secure the Portal, and ensure service integrity

Technical

• Device/browser basics, language, user-agent; session/local-storage keys
• Network info such as IP addresses captured by our infrastructure (e.g., Cloudflare edge, server logs)
• Cookies or similar technologies used for security, session continuity, and basic functionality

We do not intentionally collect sensitive personal data (e.g., government IDs). The Portal is for business use.

2) How We Use Information

• Create and manage accounts; authenticate and secure the Portal (including 2-step verification)
• Process and fulfill orders; send transactional emails (receipts, updates, delivery status)
• Provide optional weekly reminder emails and/or SMS
• Operate, maintain, and improve reliability; debug, prevent fraud or misuse
• Comply with legal obligations and enforce our Terms

3) Legal Bases (where applicable)

• Contract: to provide the Portal and fulfill orders
• Legitimate interests: security, fraud prevention, improving services, business operations
• Consent: reminders and SMS; where required for certain communications

4) How We Share Information

We do not sell your personal information. We share only with:

• Service providers processing data on our behalf under written contracts, such as: Google Workspace; Cloudflare (security, caching, and edge routing); Email/SMS providers to send communications you request or allow
• Professional advisors (accountants, auditors, legal counsel) as required
• Authorities when legally required or to protect rights, safety, or the service

Providers must process data only per our instructions and implement appropriate safeguards.

5) Cookies, Local Storage & Similar Tech

We use strictly necessary cookies or equivalents and local/session storage for authentication, session continuity, security, and core functionality. You can control cookies via your browser; blocking them may affect Portal operation.

6) Data Location & Retention

Data is generally processed in the United States. We retain information only as long as reasonably necessary to operate the Portal, fulfill orders, comply with legal obligations, resolve disputes, and enforce agreements. One-time codes and short-lived tokens are retained only for their security flow or related audit windows.

7) Your Choices & Rights

• Notification preferences. Manage order/update and delivery-status emails in your profile.
• Access/Update/Delete. Contact us to access or correct your information, or to request deletion where applicable. We will verify your request and respond as required by law.
• Do Not Track. We do not respond to DNT signals.
• California Residents (CPRA). You may have rights to know/access, correct, delete, and to limit use/disclosure of certain sensitive personal information. Sweetz does not sell or share personal information for cross-context behavioral advertising. Submit requests via info@sweetzcheesecake.com. We will verify your identity and respond within required timelines.

8) Security

We implement administrative, technical, and physical safeguards appropriate to the nature of the data (including salted, hashed passwords and optional 2-step verification). No method of transmission or storage is 100% secure. We encourage strong, unique passwords and responsible account practices.

9) Children

The Portal is for authorized business personnel and is not directed to children under 13, and we do not knowingly collect personal information from them.

10) International Users

If you access the Portal from outside the U.S., your information may be transferred to and processed in the U.S., which may have different data protection laws than your jurisdiction. Where required, we use appropriate transfer mechanisms.

11) Changes to This Notice

We may update this Privacy Notice. If changes are material, we will notify you (e.g., email or in-Portal notice). Your continued use after the effective date constitutes acknowledgment of the updated Notice.

Privacy Contact: info@sweetzcheesecake.com