Mobile Text Terms of Use

ZAXBYS TEXT PROGRAM TERMS OF USE

These Mobile Text Terms of Use (“Text TOU”) govern your use of the text messaging information and marketing program (the “Program”) provided by Zaxbys SPE Franchisor LLC (the “Company”). Please read this Text TOU carefully.

By opting into the Program, you agree to this Text TOU, the Company’s online

and the Company’s overall , as amended from time to time (collectively, the “Terms”). Your access to, and use of, the Program represents your agreement to these Text TOU.

IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT SUBSCRIBE TO OR USE THE PROGRAM.

General Mobile Messaging Terms

The Company’s Program is a marketing program that sends its users updates on account activity and on promotions, deals, and special offers. This information is delivered directly to mobile phones, via SMS and/or MMS, using Zaxbys short code of 746-84. Consent is not required as a condition of purchasing any goods or services.

Texts may be sent automatically, including via an automatic telephone dialing system or via an automated system for the selection/dialing of numbers.

As a Program member, you may receive account updates, special deals, offers, insider news, access to restaurant events (where applicable), and other brand-specific communications. The Company may send up to five (5) marketing mobile messages per month. Reply STOP to cancel, HELP for help. This text messaging marketing program is free from the Company, but message & data rates from your phone provider may apply.

When you provide the Company with your mobile phone number and agree to enroll in the Program, you are expressly stating that you are the primary user of the provided phone number and are agreeing that the Company may send text messages (including SMS and MMS) to that phone number. You also agree to pay the charges to your wireless bill or to have them deducted from your prepaid balance for this service, if applicable.

You agree to notify the Company of any changes to your mobile number and update your subscription with the Company to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Stop Receiving Promotional Text Messages

To stop receiving promotional or account update text messages from the Company, simply text STOP to 746-84 or reply STOP within 30 days to any text sent by shortcode 746-84. If you opt-out, you agree to receive a final text message confirming your opt-out.

Note: “STOP” requests are not case sensitive.

Alternatively, you can opt-out of receiving texts from the Company by either sending an email with your mobile phone number to guestexperience@zaxbys.com. Please allow up to 10 business days from when the email request was received to process your removal.

Questions / Comments / Concerns

Please direct all comments, questions or concerns regarding the Company’s text messaging program to

.

Help Command

For help at any time, text HELP to 746-84 or reply HELP to any text from 746-84.

Requirements

To take advantage of the Company’s text messaging marketing program, you must have a text messaging-enabled mobile device with a text messaging plan.

Carriers Supported

The Company’s text messaging marketing program works with all major U.S. carriers including currently: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and a host of other smaller regional carriers.

Carriers are not responsible for delayed or undelivered messages.

Change of Terms

The Company reserves the right to modify this Text TOU by posting new versions on this website as well as the right to provide additional notices of significant changes. Your continued use of the Program following such changes constitutes your acceptance of those changes.