Updated on: May 14, 2025

These EZ Pay Flexible Payment Terms (“EZ Pay Terms”) are a binding contract between Cake Corporation, a Delaware corporation and a wholly owned subsidiary of Mad Mobile, Inc. (“Cake”, “We,” “Our,” or “Us”), and the person or entity who is agreeing to these EZ Pay Terms (“Operator”, “You” or “Your”) governing Your participation in Cake’s EZ Pay Program (the “EZ Pay Program” or “Program”). Capitalized terms used not defined herein will have the same meaning ascribed to them in the Operator POS Terms and Conditions (https://trycake.com/pages/operator-pos-terms) (“POS Terms”) unless otherwise expressly stated. If there is a conflict between any terms of the POS Terms (including any policy or terms incorporated by reference to the POS Terms) and the terms of these EZ Pay Terms then the terms of these EZ Pay Terms shall prevail.

EXCEPT AS PROHIBITED BY APPLICABLE LAW AND AS OTHERWISE SET FORTH IN THESE EZ PAY TERMS, THE WAIVERS AND LIMITATIONS OF LIABILITY, DISCLAIMER OF WARRANTIES, INDEMNIFICATION, AND OTHER PROVISIONS OF THE POS TERMS ARE INCORPORATED BY REFERENCE INTO THESE EZ PAY TERMS. ANY DISPUTES UNDER THESE EZ PAY TERMS SHALL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS OF THE POS TERMS.

1. General. The EZ Pay Program is a flexible payment program that allows Operators to pay for CAKE POS Hardware and, if applicable, shipping and handling, taxes and onboarding services, in multiple payments made through a percentage of the credit card sales processed through Cake payments services (“Cake Payments”) over a particular payment or lease period defined in the applicable Order (the “EZ Pay Term”). Cake collects such payments by holding back a percentage of daily credit card sales and applying it as a payment. The EZ Pay Term period begins after the first successful credit card payment is collected (i.e., first cash close) following Cake’s approval of your account for the Program. Typically, an initial security deposit or down payment is also required. At the end of the EZ Pay Term, Cake collects any amounts due under the Order that remain unpaid.

The EZ Pay Program does not charge additional interest or finance fees.

Because Cake will collect payments under the EZ Pay Program through a percentage of daily credit card sales, in some cases You may pay the full balance of the amounts due prior to the end of the EZ Pay Term. At the end of the EZ Pay Term, provided You elect to own your POS Hardware and your payments under the EZ Pay Program have been collected in full, your initial security deposit will be applied to the purchase price and any Cake ownership or security interest in the POS Hardware is released automatically.

These EZ Pay Terms are effective with respect to particular POS Hardware as of the date of the Order for that POS Hardware.

2. Eligibility. Eligibility for EZ Pay Program is generally limited to Operators subscribing to Cake’s POS Services and Cake Payments. In considering Your participation in the Program Cake may review the information submitted in your Order together with any existing information Cake may have on file with respect to Your Cake account. Operator authorizes Cake to request identity verifying information about Operator in connection with the Program. We may decline your Order or terminate our participation in the Program at any time prior to your receipt of the POS Hardware if we determine that you do not meet our eligibility criteria for the Program.

3. Payment Terms

3.1 Method. Operator will make the payments for the amount due listed on the applicable EZ Pay Order for the POS Hardware (the “Periodic Payments”) via daily deductions from the Operator’s credit card transaction proceeds processed through Cake Payments. This method is elected by the Operator as a repayment convenience and does not constitute a sale or assignment of receivables. The percentage of the Operator’s daily credit card transactions made as payment toward the total amount due shall be set forth in the applicable EZ Pay Order. Operator will reimburse Cake for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.

3.2 Security Deposit. You agree to pay a security deposit of 15% of the total amount due under the EZ Pay Order. At the end of the EZ Pay Term, provided that your Periodic Payments under the EZ Pay Program have been collected in full and You have not returned the POS Hardware to Cake within thirty (30) days after the expiration of the EZ Pay Term then the deposit is automatically applied to the purchase price.

3.3 Prepayment. The Operator may prepay the remaining balance at any time without penalty. If the full balance is paid before the EZ Pay Term concludes, Cake will stop deducting the daily percentage from sales.

3.4 Final Balance Collection. Upon the expiration of the EZ Pay Term, if the Periodic Payments made are insufficient to pay the total amount due under the Order, the balance may be charged to Your linked bank account or payment card(s). To the extent permitted by law, Operator hereby authorizes (a) Cake’s banking partners, without prior notice and irrespective of whether a demand for payments has been made under these EZ Pay Terms, to deduct amounts corresponding to the Periodic Payments owed under the Program from the payout of funds settling from card transactions submitted by Operator through the Cake Payments and, as an alternative, (b) Cake (or an authorized third party acting as an agent of Cake) to collect the payments by charge to Operator’s applicable payment card(s) or linked Bank Account(s) associated with Operator’s CAKE account.

3.5 Taxes. All payments are subject to applicable taxes, which shall be the responsibility of the Operator.

34.6 Clarification of Payment Method Nature. The Operator acknowledges and agrees that this Program does not constitute a sale, assignment, or transfer of credit card receivables to Cake. Instead, the Operator has voluntarily elected to make payments toward its total obligation under the Program through daily deductions from credit card transaction proceeds as a convenient repayment method. The Operator may elect to

satisfy its obligations under the Program through other payment methods upon written notice and mutual agreement with Cake.

4. Ownership of Hardware. Ownership of the POS Hardware shall remain with Cake until the Operator fulfills the total payment obligations under the EZ Program and elects to purchase the POS Hardware (including by not returning the POS Hardware to Cake), at which time ownership transfers to the Operator. You may not transfer, sell, lease, sublease, or assign the POS Hardware during the EZ Pay Term. For clarity, the warranty period applicable to POS Hardware that is purchased by Operator in connection with the EZ Pay Program is deemed to have started on the date when the POS Hardware was first delivered to Operator. If Operator does not exercise the purchase option at the end of the EZ Pay Term, Operator will, at its risk and expense return the POS Hardware, freight prepaid, to the address and/or facilities designated by Cake such that the hardware is received by Cake (or its third party agent) within seven (7) calendar days following the expiration of the EZ Pay Term.

5. Risk of Loss. Following receipt of the POS Hardware, Operator bears the entire risk of loss, theft, or damage to the POS Hardware from any cause whatsoever until the POS Hardware has been returned to Cake (or its designated third party agent). Operator will notify Cake in writing within 10 days of any loss. In the event of such a loss (as determined by Cake in its reasonable discretion) Operator agrees to pay the remainder of the balance under the Program and Cake shall apply the security deposit in full.

6. Default and Remedies. If You Default under these EZ Pay Terms, Cake may pursue any remedies available under law, including recovering the POS Hardware, accelerating any unpaid balance, or suspending POS software and services. We will give You notice of our intent to exercise our rights as required by applicable law. You agree that Cake may offset any outstanding obligations against funds payable to You. Upon a Default, we also reserve the right to terminate these EZ Pay Terms upon written notice and/or terminate or suspend your Cake Account. Cake shall not be liable to you for any compensation, reimbursement, or damages arising from the termination or suspension of your Cake Account, or the exercise of any remedies available to us under these EZ Pay Terms. For the purposes of these EZ Pay Terms, “Default” means Operator (a) violates these EZ Pay Terms, including by failing to make a Periodic Payment within ten (10) days after it is due; or (b) initiates a bankruptcy proceeding or other similar process is commenced.