Terms & Conditions.

Effective Date: September 14, 2026

BoostBarz Kiosk Terms & Conditions

These Terms & Conditions (“Terms”) govern the purchase, ownership, possession, operation, installation, maintenance, and use of BoostBarz kiosks and related equipment (“Kiosk”) purchased from BoostBarz LLC (“BoostBarz,” “we,” “us,” or “our”).

By purchasing a Kiosk from BoostBarz, the purchaser (“Purchaser,” “Owner,” or “Operator”) agrees to these Terms.

1. Transfer of Ownership

Upon completion of the purchase and payment in full for a Kiosk, ownership of the physical Kiosk and related equipment transfers from BoostBarz LLC to the Purchaser, subject to any separate written agreement between the parties.

After ownership has transferred, the Purchaser is solely responsible for the Kiosk, including its possession, transportation, installation, operation, maintenance, security, storage, repairs, use, and disposition.

BoostBarz does not retain ownership of the Kiosk after the sale unless expressly stated in a separate written agreement.

2. Operator Responsibility

The Purchaser is solely responsible for determining how, where, and under what circumstances the Kiosk is operated.

The Purchaser is responsible for:

• Proper installation and placement of the Kiosk.
• Ensuring the location is appropriate and safe for the Kiosk.
• Complying with all applicable federal, state, county, and local laws.
• Obtaining any licenses, permits, registrations, or approvals required for operation.
• Maintaining the Kiosk in a safe and functional condition.
• Preventing unauthorized use, tampering, theft, or damage.
• Any employees, contractors, agents, or other persons operating or servicing the Kiosk on the Purchaser’s behalf.
• Any claims, losses, damages, fines, penalties, or expenses arising from the Purchaser’s ownership or operation of the Kiosk, except to the extent caused by BoostBarz’s own conduct where liability cannot legally be excluded.

3. Taxes

The Purchaser is solely responsible for determining and paying all taxes, fees, assessments, and governmental charges associated with the ownership, operation, rental, or use of the Kiosk and the Purchaser’s business.

This may include, without limitation:

• Sales and use taxes.
• Rental or transaction taxes.
• Income taxes.
• Business taxes.
• Personal property taxes.
• Local or municipal taxes.
• Licensing and permit fees.
• Any other governmental charges applicable to the Purchaser’s operation.

BoostBarz is not responsible for determining the Purchaser’s tax obligations or filing the Purchaser’s tax returns.

The Purchaser should consult their own tax professional regarding applicable tax obligations.

4. Compliance With Laws

The Purchaser is solely responsible for ensuring that the Kiosk and its operation comply with all applicable laws, regulations, ordinances, codes, licensing requirements, and rules in the jurisdiction where the Kiosk is located.

BoostBarz does not guarantee that a Kiosk may legally be operated in every location or jurisdiction.

The Purchaser is responsible for researching and complying with all requirements applicable to their particular location and business model.

5. Installation and Location

Unless otherwise agreed in writing, the Purchaser is responsible for installation, transportation, relocation, removal, and placement of the Kiosk after purchase.

The Purchaser is responsible for obtaining permission from the property owner, landlord, venue, business, or other applicable party before placing or operating the Kiosk on private or commercial property.

BoostBarz is not responsible for disputes between the Purchaser and a property owner, venue, landlord, tenant, or other third party regarding the placement or operation of a Kiosk.

6. Maintenance and Repairs

Following the transfer of ownership, the Purchaser is responsible for maintaining the Kiosk and paying for repairs, replacement parts, labor, transportation, service calls, damage, vandalism, theft, misuse, or other costs associated with ownership and operation of the Kiosk, except for obligations expressly covered by a separate written warranty.

Any warranty provided by BoostBarz is limited to the specific terms of that warranty and does not transfer responsibility for the Purchaser’s operation of the Kiosk to BoostBarz.

7. Damage, Theft, Vandalism, and Loss

After ownership transfers, the Purchaser assumes the risk of loss, theft, vandalism, destruction, or damage to the Kiosk.

BoostBarz is not responsible for damage to or loss of the Kiosk occurring after ownership has transferred, regardless of whether such damage results from theft, vandalism, weather, accidents, misuse, unauthorized use, negligence by third parties, or other circumstances, except where prohibited by applicable law.

The Purchaser is responsible for obtaining insurance appropriate for the Kiosk and its operation.

8. Third-Party Claims and Injuries

The Purchaser acknowledges that the Kiosk may be operated in public or commercial locations and may be accessed by third parties.

After ownership transfers, the Purchaser is responsible for claims, injuries, property damage, losses, or other liabilities arising from the Purchaser’s ownership, possession, installation, maintenance, or operation of the Kiosk, except to the extent such liability is caused by BoostBarz and cannot legally be excluded.

The Purchaser is responsible for maintaining appropriate insurance coverage for their business and Kiosk operations.

9. Indemnification

To the maximum extent permitted by applicable law, the Purchaser agrees to defend, indemnify, and hold harmless BoostBarz LLC and its owners, officers, employees, agents, and representatives from and against claims, demands, lawsuits, damages, liabilities, losses, fines, penalties, costs, and reasonable attorneys’ fees arising out of or relating to:

1. The Purchaser’s ownership or operation of the Kiosk;
2. The Purchaser’s installation, placement, transportation, maintenance, repair, or modification of the Kiosk;
3. The Purchaser’s business activities;
4. The Purchaser’s violation of any law, regulation, ordinance, permit requirement, or tax obligation;
5. Claims made by customers or third parties relating to the Purchaser’s operation of the Kiosk;
6. Damage to property or injury occurring in connection with the Purchaser’s operation of the Kiosk; or
7. Any act or omission of the Purchaser, its employees, contractors, agents, customers, or other persons under the Purchaser’s control.

This indemnification obligation does not apply to the extent a claim is finally determined to have resulted from BoostBarz’s own gross negligence, willful misconduct, or other conduct for which indemnification cannot legally be required.

10. Limitation of Liability

To the maximum extent permitted by law, BoostBarz LLC shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the purchase, ownership, possession, installation, operation, or use of the Kiosk.

This includes, without limitation, lost profits, lost revenue, business interruption, loss of customers, loss of data, or other economic losses.

To the maximum extent permitted by law, BoostBarz’s total liability relating to a Kiosk shall not exceed the amount actually paid to BoostBarz for that particular Kiosk.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

11. No Guarantee of Revenue

Purchase of a BoostBarz Kiosk does not guarantee any specific amount of revenue, transactions, customers, locations, or profitability.

Any examples, projections, estimates, testimonials, revenue figures, or marketing materials provided by BoostBarz are illustrative only and are not guarantees of future performance.

The Purchaser is solely responsible for selecting locations and operating their business.

12. Business Relationship

Unless separately agreed in writing, the purchase of a Kiosk does not create a partnership, joint venture, employment relationship, franchise relationship, agency relationship, or other fiduciary relationship between BoostBarz and the Purchaser.

The Purchaser operates their Kiosk as an independent business owner.

The Purchaser is solely responsible for their business operations, employees, contractors, customers, taxes, permits, insurance, and legal compliance.

13. Modifications to the Kiosk

The Purchaser may not modify, alter, reverse engineer, remove safety features from, or materially change the Kiosk in a manner that violates applicable law or manufacturer requirements.

The Purchaser assumes responsibility for any modification or alteration made after purchase to the extent permitted by applicable law.

BoostBarz is not responsible for damage, malfunction, injury, or other loss caused by unauthorized modifications or alterations.

14. Software and Third-Party Services

Certain Kiosk functions may depend on software, payment processors, cellular networks, internet connectivity, third-party platforms, or other services.

BoostBarz does not guarantee uninterrupted availability of third-party services.

The Purchaser is responsible for maintaining any accounts, subscriptions, payment-processing relationships, cellular services, or other third-party services required for operation of the Kiosk, unless otherwise expressly agreed in writing.

15. Payment Processing

If the Purchaser uses a third-party payment processor, the Purchaser is responsible for complying with that processor’s terms, fees, requirements, verification procedures, chargeback policies, tax reporting requirements, and applicable laws.

The Purchaser understands that BoostBarz may not control third-party payment processing decisions, account holds, chargebacks, transaction declines, or service interruptions.

16. Insurance

The Purchaser is responsible for determining and maintaining insurance appropriate for the Kiosk and the Purchaser’s business operations.

Depending on the Purchaser’s circumstances, appropriate coverage may include commercial general liability, property coverage, equipment coverage, business insurance, or other applicable insurance.

BoostBarz recommends that Purchasers consult with a qualified insurance professional regarding appropriate coverage.

17. Acknowledgment of Risk

By purchasing a Kiosk, the Purchaser acknowledges that operating a business involves risks and expenses and that the Purchaser assumes responsibility for those risks following the transfer of ownership.

The Purchaser agrees that BoostBarz is selling equipment and is not assuming responsibility for the Purchaser’s independent business operations.

18. No Legal or Tax Advice

Information provided by BoostBarz regarding taxes, permits, licensing, insurance, legal requirements, or business operations is for general informational purposes only and does not constitute legal, tax, accounting, or insurance advice.

The Purchaser is responsible for obtaining professional advice appropriate to their circumstances.

19. Electronic Acceptance

By purchasing a BoostBarz Kiosk through the BoostBarz website, electronically accepting these Terms, signing a purchase agreement, submitting payment, or taking possession of a Kiosk, the Purchaser acknowledges that they have read, understood, and agreed to these Terms.

20. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

21. Governing Law

These Terms shall be governed by the laws of the state applicable to the agreement, without regard to conflict-of-law principles, except to the extent otherwise required by applicable law.

22. Entire Agreement

These Terms, together with any applicable purchase agreement, invoice, warranty, or other written agreement between BoostBarz and the Purchaser, constitute the agreement regarding the purchase and ownership of the Kiosk.

If there is a conflict between these Terms and a separately signed written agreement, the separately signed agreement will control to the extent of the conflict.