END-USER LICENSE AGREEMENT

Sweet Flower Mobile Application

Last updated: May 29, 2026

Please read this End-User License Agreement (the “Agreement”) carefully before downloading, installing, accessing, or using the Sweet Flower mobile application, any related mobile website, or any related services made available through the application (collectively, the “Application”).

By downloading, installing, accessing, or using the Application, or by clicking or tapping “I Agree” or any similar button, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not download, install, access, or use the Application.

1. Interpretation and Definitions

1.1 Interpretation

Capitalized words have the meanings defined below. The following definitions apply whether the defined terms appear in singular or plural form.

1.2 Definitions

For purposes of this Agreement:

  • Agreement means this End-User License Agreement, which forms the agreement between you and the Company regarding use of the Application.
  • Application means the Sweet Flower mobile application and related mobile experience provided by the Company, including any software, features, content, rewards functionality, account tools, ordering functionality, store information, delivery or pickup functionality, notifications, and related services made available through the Application.
  • Application Store means the digital distribution service operated by Apple Inc. (Apple App Store), Google LLC (Google Play), or any other digital distribution platform through which the Application is made available.
  • Company means Malibu Green, LLC, also referred to as “Sweet Flower,” “Company,” “we,” “us,” or “our” in this Agreement.
  • Content means text, images, product information, account information, comments, feedback, reviews, communications, or other information that may be posted, uploaded, submitted, linked to, transmitted through, or otherwise made available in or through the Application.
  • Device means any device that can access or use the Application, including a mobile phone, tablet, computer, or other internet-connected device.
  • Products means cannabis products, cannabis-related products, accessories, merchandise, or other products that may be displayed, described, reserved, ordered, or otherwise made available through the Application where permitted by law.
  • Services means the website, Application, account tools, loyalty or rewards functionality, ordering functionality, delivery or pickup coordination, marketing communications, product information, and other services supplied by or on behalf of Company.
  • Site means www.SweetFlower.com and any other media form, media channel, mobile website, or mobile application related or connected to it.
  • Third-Party Services means any services, content, data, information, applications, payment processors, delivery services, loyalty/CRM tools, age-verification tools, analytics tools, or other products or services provided by a third party that may be displayed, included, accessed, linked to, or made available through the Application.
  • You means the individual accessing or using the Application, or the company or other legal entity on behalf of which such individual accesses or uses the Application, as applicable.

2. Acknowledgment

This Agreement is between you and Company only, and not with any Application Store. Company is solely responsible for the Application and its content, except as otherwise provided in this Agreement or required by applicable law. Although the Application Store is not a party to this Agreement, the Application Store and its subsidiaries may have the right to enforce this Agreement against you as third-party beneficiaries with respect to your use of the Application.

The Application is licensed, not sold, to you by Company for use strictly in accordance with this Agreement, the applicable Application Store terms, the Company’s Terms & Conditions, Privacy Policy, and all applicable laws and regulations.

3. Relationship to Sweet Flower Terms and Privacy Policy

Your use of the Application may also be subject to Company’s Terms & Conditions, Privacy Policy, and any supplemental terms, policies, notices, or rules posted by Company or made available through the Application. Those terms are incorporated into this Agreement by reference to the extent applicable to your use of the Application, Products, Site, and Services.

The current Sweet Flower Terms & Conditions / Privacy Policy page is available at: https://sweetflower.com/privacy/

If there is a conflict between this Agreement and any additional terms that apply to a specific feature, product, loyalty program, promotion, order, delivery, pickup, or service, the additional terms will control for that specific feature, product, loyalty program, promotion, order, delivery, pickup, or service, except where prohibited by applicable law or Application Store rules.

4. License

4.1 Scope of License

Subject to your compliance with this Agreement, Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install, access, and use the Application on a Device that you own or control, solely for your personal, non-commercial use and strictly in accordance with this Agreement, applicable Application Store terms, and applicable law.

4.2 License Restrictions

You agree that you will not, and will not permit any other person to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, commercially exploit, or otherwise make the Application available to any third party, except as expressly permitted by the applicable Application Store terms.
  • Copy or use the Application for any purpose other than as permitted under this Agreement.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile, reverse engineer, or attempt to derive the source code of any part of the Application, except to the extent such restriction is prohibited by applicable law.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notice of Company or its affiliates, partners, suppliers, or licensors.
  • Use the Application in any way that is unlawful, illegal, fraudulent, deceptive, harmful, or inconsistent with applicable cannabis laws and regulations.
  • Use the Application to interfere with or circumvent the security features of the Application, Site, Services, or any related website, network, or system.
  • Use any robot, spider, scraper, crawler, data-mining tool, or similar automated process to access, copy, monitor, or extract data from the Application except as expressly authorized by Company.

5. Eligibility, Age Verification, and Cannabis Compliance

The Application, Products, and Services are intended only for users who are legally permitted to access and use them. You acknowledge that, as it pertains to cannabis, Company’s Products and Services are only for residents of California and only where permitted by applicable state and local law.

You may be required to complete age verification or identity verification to access certain features, create an account, place an order, arrange delivery or pickup, or otherwise use certain Services. Individuals under the age of 18 are prohibited from creating an account, accessing the Application, using the Services, or ordering Products. Certain Services may be limited to individuals who are 21 years of age or older, or 18 years of age or older with a valid medical marijuana identification card or physician’s recommendation, where applicable.

Cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act. Possession, cultivation, distribution, transportation, sale, or other cannabis-related activities may be illegal under federal law and may result in criminal or civil penalties. Engaging in activities or business related to cannabis is at your own risk. You are solely responsible for understanding and complying with all applicable local, state, federal, and other laws and regulations that apply to your access to and use of the Application, Products, and Services.

6. Safety Acknowledgment and Informational Content

Information provided in or through the Application, Site, Services, Company social media pages or channels, product descriptions, packaging, educational materials, or related content is provided for informational and educational purposes only. It is not intended to be medical advice, a prescriptive guide, or a substitute for informed medical advice or care.

Products and statements regarding Products have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety or efficacy. You should not delay seeking or disregard advice from a medical professional based on information provided through the Application or Site.

Do not operate vehicles or machinery while under the influence of cannabis. If you are pregnant, may be pregnant, breastfeeding, suffering from a known health condition, or taking prescription medications, you should consult a physician or other qualified health care professional before using cannabis. You and any other user of any Product are solely responsible for use of such Product and the consequences of such use. Any illegal use, transfer, or resale of Products may subject you to fines, penalties, or imprisonment under applicable law.

7. Account Registration and User Information

To use certain features of the Application, you may be required to create or maintain an account. You agree to provide complete, accurate, and current information during the registration process and to update that information as needed.

You are solely responsible for maintaining the confidentiality of your username, password, and account credentials. You are responsible for all activity that occurs under your account, whether authorized by you or not. You agree to notify Company immediately of any unauthorized use of your account, username, password, or other credentials.

Company may suspend, terminate, limit, or refuse access to your account, the Application, or the Services at any time, with or without notice, for any reason or no reason, including if Company believes you have violated this Agreement, applicable law, or any Company policy.

8. Orders, Delivery, Pickup, Payments, and Promotions

The Application may allow users to browse Products, view store information, access loyalty or rewards features, receive offers, transmit orders, or arrange delivery or pickup where permitted by law. Any order submitted through the Application or Site is subject to acceptance by Company and may be rejected, modified, or canceled in Company’s sole discretion, including where required by law, local availability, inventory, age verification, identity verification, payment verification, location restrictions, or compliance requirements.

Prices, taxes, fees, promotions, Product descriptions, availability, delivery options, pickup options, and other information may change without notice and may vary by location. Company is not responsible for pricing, typographical, availability, or other errors and may correct errors, update information, or cancel orders arising from such errors at any time, including after an order has been submitted.

All Product-related transactions, refunds, cancellations, loyalty or rewards benefits, promotions, discounts, and delivery or pickup arrangements are subject to Company’s then-current Terms & Conditions, store policies, loyalty or rewards terms, and applicable law.

9. User Content and Content Restrictions

You are solely responsible for any Content you submit, post, upload, transmit, or otherwise make available through the Application, and for all activity that occurs under your account.

You may not submit, post, upload, transmit, or otherwise make available any Content that:

  • Is unlawful or promotes unlawful activity.
  • Is offensive, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, indecent, discriminatory, hateful, or otherwise objectionable.
  • Harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic.
  • Constitutes spam, machine-generated content, chain letters, unauthorized advertising, unauthorized solicitation, or any form of lottery or gambling.
  • Contains or installs viruses, worms, malware, trojan horses, or other code intended to disrupt, damage, limit, or interfere with any software, hardware, telecommunications equipment, data, or system.
  • Infringes or violates any patent, trademark, trade secret, copyright, right of publicity, privacy right, or other proprietary right of any party.
  • Impersonates any person or entity, including Company or its employees or representatives.
  • Contains false, misleading, or inaccurate information.
  • Attempts to collect, track, or disclose personal information of others without authorization.
  • Interferes with or circumvents the security features of the Application, Site, Services, or any related website, network, or system.

Company reserves the right, but has no obligation, to monitor, edit, refuse, remove, or restrict any Content or account activity that Company determines, in its sole discretion, violates this Agreement, Company policies, applicable law, or the rights of any person or entity.

10. Intellectual Property

The Application, Site, Services, Content provided by Company, software, design, text, graphics, images, logos, trademarks, trade names, service marks, product names, features, functionality, copyrights, patents, trade secrets, and all other intellectual property rights related to the Application are and will remain the sole and exclusive property of Company or its licensors.

Nothing in this Agreement grants you any right, title, or interest in or to Company’s intellectual property, except for the limited license expressly granted in this Agreement. All rights not expressly granted to you are reserved by Company.

11. Suggestions and Feedback

Any feedback, comments, ideas, improvements, requests, suggestions, or other submissions voluntarily provided by you to Company regarding the Application, Products, Site, or Services may be used by Company for any purpose and in any manner without obligation, credit, or compensation to you.

12. Modifications, Updates, Maintenance, and Support

Company reserves the right to modify, suspend, discontinue, update, or replace the Application or any feature, functionality, Product, Service, or content connected to it, temporarily or permanently, with or without notice and without liability to you.

Company may from time to time provide patches, bug fixes, updates, upgrades, improvements, or other modifications to the Application. Updates may modify or delete certain features or functionality. All updates and modifications will be deemed part of the Application and subject to this Agreement unless Company provides different terms.

Company is responsible for providing any maintenance and support for the Application only to the extent required by applicable law or expressly stated by Company. No Application Store has any obligation to furnish maintenance or support services for the Application.

13. Third-Party Services

The Application may display, include, make available, or link to Third-Party Services. You acknowledge and agree that Company is not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, availability, security, privacy practices, or any other aspect of such Third-Party Services.

Third-Party Services are provided solely as a convenience. You access and use Third-Party Services at your own risk and subject to the third party’s terms, policies, and practices. You must comply with all applicable third-party terms when using the Application.

14. Privacy Policy and Data Practices

Company collects, uses, stores, maintains, and shares information about you in accordance with its Privacy Policy and related terms, which are available at: https://sweetflower.com/privacy/

By downloading, installing, accessing, or using the Application, you acknowledge that you have reviewed and agree to the Company’s Privacy Policy and consent to the collection, use, storage, maintenance, disclosure, and other processing of information as described in the Privacy Policy, this Agreement, and applicable notices provided by Company.

To the extent Company’s Privacy Policy describes specific data retention periods, user rights, privacy disclosures, or data practices, those terms govern and are incorporated into this Agreement by reference. This Agreement does not limit any rights you may have under applicable privacy laws.

15. Electronic Communications, Notifications, and Marketing

By using the Application, Site, or Services, sending Company emails, completing online forms, creating an account, or otherwise interacting electronically with Company, you consent to receive electronic communications, notices, disclosures, agreements, policies, and records from Company electronically, including through the Application, email, website notices, or other electronic means.

If you opt in to receive push notifications, text messages, emails, loyalty or rewards communications, promotional communications, or other marketing communications, those communications may be subject to additional terms, consent requirements, opt-out rights, and applicable law. You are responsible for managing your communication preferences and device settings.

16. Term and Termination

This Agreement remains in effect until terminated by you or Company. You may terminate this Agreement by deleting the Application and all copies of it from your Device and ceasing all use of the Application, Site, Products, and Services.

Company may suspend or terminate this Agreement, your account, or your access to the Application or Services at any time, with or without notice, for any reason or no reason, including if Company determines that you have violated this Agreement, any Company policy, or applicable law.

Upon termination, you must cease all use of the Application and delete all copies of the Application from your Device. Termination will not limit any rights or remedies available to Company at law or in equity, including for any breach of this Agreement that occurred before termination.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, partners, shareholders, members, officers, directors, employees, interns, agents, distributors, vendors, licensors, and service providers from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

  • Your access to or use of the Application, Site, Products, or Services.
  • Your breach or alleged breach of this Agreement or any terms, policies, or documents incorporated by reference.
  • Your violation of any applicable law, rule, or regulation.
  • Your Content or account activity.
  • Your violation of any right of any third party.

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Company’s defense of such matter.

18. No Warranties

The Application, Site, Products, Services, and all related content are provided to you “AS IS,” “AS AVAILABLE,” and with all faults and defects, without warranty of any kind. To the maximum extent permitted by applicable law, Company, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation, Company does not warrant that the Application, Site, Products, Services, or related content will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected.

Some jurisdictions do not allow exclusion of certain warranties or limitations on applicable statutory rights of consumers, so some or all of the above exclusions and limitations may not apply to you. In such cases, the exclusions and limitations in this Agreement will apply to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, Company, not any Application Store, is solely responsible for such warranty.

19. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Company or its suppliers, licensors, service providers, officers, directors, employees, agents, affiliates, or partners be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, including damages for loss of profits, loss of data, business interruption, personal injury, loss of privacy, or any other damages arising out of or in any way related to your use of or inability to use the Application, Site, Products, Services, Third-Party Services, third-party software, or third-party hardware, even if Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Notwithstanding any damages you might incur, the entire liability of Company and any of its suppliers under any provision of this Agreement, and your exclusive remedy for all of the foregoing, will be limited to the greater of the amount actually paid by you to Company through the Application during the six (6) months before the event giving rise to the claim or one hundred dollars ($100 USD), except where prohibited by applicable law.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You expressly understand and agree that no Application Store, including Apple Inc., Google LLC, their respective subsidiaries and affiliates, and their licensors, will be liable to you under any theory of liability for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or relating to the Application.

20. Product Claims and Intellectual Property Claims

Company, not any Application Store, is responsible for addressing any claims by you or any third party relating to the Application or your possession or use of the Application, including: (i) product liability claims; (ii) any claim that the Application fails to conform to an applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, privacy, or similar legislation.

To the extent Company is required by applicable law to provide indemnification regarding third-party intellectual property claims arising from the Application or your use of it, Company, not any Application Store, will be solely responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claims.

21. United States Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a “terrorist supporting” country; and (ii) you are not listed on any United States government list of prohibited or restricted parties.

22. Governing Law; Venue

This Agreement and your use of the Application will be governed by and construed in accordance with the laws of the State of California, United States, exclusive of conflict or choice of law rules. Your use of the Application may also be subject to other local, state, national, and international laws.

Subject to the dispute resolution provisions below and except where prohibited by applicable law, each of Company and you agrees to submit to the nonexclusive personal jurisdiction of the courts located within Los Angeles, California, and waives any objection to the laying of venue of any litigation in those courts.

23. Dispute Resolution; Arbitration; Class Action Waiver

In the event of any dispute with Company, you agree to first contact Company and attempt in good faith to resolve the dispute. If the dispute has not been resolved after thirty (30) days, and except where prohibited by applicable law, you and Company agree to resolve any claim, dispute, or controversy arising out of or relating to this Agreement, the Application, Site, Products, or Services by binding arbitration in Los Angeles, California, before one arbitrator jointly selected by the parties. If the parties are unable to agree upon an arbitrator within thirty (30) days of a party’s notice of intention to arbitrate, the parties will use the American Arbitration Association as an appointing authority.

The arbitration will be conducted in Los Angeles, California in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Judgment on the award may be entered in any state court having appropriate jurisdiction. This section does not prevent either party from seeking injunctive relief or provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Any dispute resolution proceeding, whether in arbitration or court, will be conducted only on an individual basis and not in a class, consolidated, representative, private attorney general, or similar action. Your access to and continued use of the Application signifies your consent to this waiver, except where prohibited by applicable law.

24. California Users and Residents

If any complaint with Company is not satisfactorily resolved, California users and residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

25. Severability and Waiver

25.1 Severability

If any provision of this Agreement is held to be unenforceable, invalid, or void, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

25.2 Waiver

Except as provided in this Agreement, the failure to exercise a right or require performance of an obligation will not affect a party’s ability to exercise that right or require that performance at any time thereafter. Waiver of any breach will not constitute waiver of any subsequent breach.

26. Changes to this Agreement

Company reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If a revision is material, Company will make reasonable efforts to provide notice before new terms take effect. What constitutes a material change will be determined at Company’s sole discretion.

By continuing to access or use the Application after revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the revised Agreement, you are no longer authorized to use the Application.

27. Entire Agreement

This Agreement, together with Company’s Terms & Conditions, Privacy Policy, and any additional terms incorporated by reference or made available by Company, constitutes the entire agreement between you and Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Company regarding the Application.

You may be subject to additional terms and conditions that apply when you use certain Products, Services, promotions, loyalty or rewards features, delivery or pickup options, Third-Party Services, or other Company services.

28. Contact Us

Questions about this Agreement may be directed to Company using the contact information below:

  • By mail: Sweet Flower, Attn: Legal, 10000 Culver Blvd, Culver City, CA 90232
  • By website: https://sweetflower.com/privacy/
  • By email: [email protected]