Gatorade Sports Science Institute Labs
App Terms & Conditions

These terms and conditions (“Agreement”) explain the terms for using the PepsiCo, Inc. (“PepsiCo,” “we,” or “us”) Gatorade Sports Science Institute Labs mobile application, and any other software provided on or in connection with the GSSI app (the “Service”). Please read this Agreement carefully before using the Service. If you have any questions, feel free to contact us at 1-800-884-2867 or https://contact.pepsico.com/pepsico/contact-us.

ACCEPTANCE OF THE TERMS

Please read the Agreement carefully before using the Service. By accessing or using the Service, you agree to be bound by this Agreement, which is a legal agreement between you and PepsiCo, and you confirm that you have read and acknowledge our Privacy Notice and Consumer Health Data Privacy Policy whether or not you are a registered user of our Service. If you do not agree to all of the terms and conditions of this Agreement, you should not use the Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).

PLEASE NOTE THAT THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES, AND A CLASS ACTION WAIVER THAT REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH CLASS ACTIONS.

USE OF OUR SERVICE

Eligibility

This Service is intended solely for use in the United States by Users who are eighteen (18) years of age or older. Any registration, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction where you access the Service. The Service is not available to any Users previously removed from the Service by PepsiCo.

The Service is not designed or intended for use in the diagnosis, treatment, cure, mitigation, or prevention of disease or any other condition or to affect the structure or function of the body. The Service is not intended to provide you with professional medical advice and does not constitute or create a doctor-patient or other healthcare professional relationship between you and PepsiCo. Never disregard or delay seeking medical advice because of your use of the Service or anything you read or saw on the Service.

IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY SERVICES (9-1-1 IN THE UNITED STATES) IMMEDIATELY. If you need non-emergency medical treatment or have any questions about your medical condition or care, please contact your physician or other qualified healthcare professional directly.

Your Account

You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration for the Service and to maintain and promptly update that information so as to keep that information true, accurate, current, and complete. You are solely responsible for the correct insertion of your data in the Service.

You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account and for keeping your account password and any device used to access the Service secure. You are not allowed to provide a third party with access to your account. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify us immediately if you have reason to believe that there has been any breach of security or unauthorized use of your account or password. We will not be liable for any losses caused by any unauthorized use of your account. We may revoke or deactivate your account at any time.

The Service includes functionality that enables you to make your information accessible to or connect with certain third-party application (e.g., your wearable devices). You accept responsibility for providing consent to link such third-party application to the Service. You are requesting and directing the Service to share your information with such third party and for such third party to share your information with the Service when you use such functionality.

You may control your User profile and how you interact with the Service by changing the settings in your profile settings page. By providing us with your email address, you consent to receiving any notices required by law via email, in lieu of communication by postal mail. You are responsible for maintaining a network connectivity, mobile device, or computing equipment capable of accessing the Service and your email.

You may delete your account within the Service. You can also request to have your account deleted by contacting our Consumer Response team directly at https://contact.pepsico.com/pepsico/contact-us

Changes to/Termination of Service; Termination of Your Account

We reserve the right to, without prior notice, change, update, or upgrade the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. PepsiCo will not be responsible for any damage or loss resulting from such actions. This Agreement will continue to govern any changed, updated, or upgraded version of the Service.

We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. PepsiCo will not be responsible for any damage or loss resulting from such actions. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

Rewards Program

When you use the Service, you will earn points for completing different tasks within the Service (the “Rewards Program”), such as connecting a wearable device, completing surveys, and enrolling in studies within the Service.

The Rewards Program will enable you to redeem your accumulated points for Gatorade gift cards at Gatorade.com and as otherwise described at the time of redemption. Point values for these activities will be determined by Sponsor in its sole discretion. Every 750 points you accumulate is worth a $5 Gatorade gift card. You must reach 750 points to become eligible to redeem your points for a gift card. Every 750 points will be worth an additional $5 in Gatorade gift card rewards. If you do not reach the 750-point increment, you will not receive the next $5 increment (in other words, you must reach 1500 points to receive a $10 gift card or 2250 points for a $15 gift card). Any points below the 750-point increment will be retained in your account and accumulate toward future gift cards. Gift cards cannot be applied to past transactions and cannot be redeemed or exchanged for cash.

While the Service is in the beta period, you will not be able to redeem your points. However, the system will track and hold the points you have accumulated in your account during the beta period, and once the beta period is over, or by September 30, 2025, you will be able to request redemption of your accumulated points. Gift cards will be delivered to the email associated with your account.

Rewards Program points can be accrued only for activity taken and completed by you and can be applied only to your account. We expressly reserve the right to establish additional means of accruing Rewards Program points and to remove any or all of the means currently in effect. We reserve the right to otherwise change the terms of the Rewards Program, including to transition the Rewards Program to be a part of another PepsiCo program, or to discontinue the Rewards Program, temporarily or permanently, at any time, at our sole discretion. If the terms of the Rewards Program are changed, including if the Rewards Program is transitioned or discontinued, your existing points may diminish in value. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Rewards Program or associated points, in whole or in part.

You must be a resident of the United States and be at least 18 years of age at the time of registration to be eligible for the Rewards Program. Void where prohibited by law. If you have any questions about the Rewards Program, please contact us at 1-800-884-2867 or https://contact.pepsico.com/pepsico/contact-us.

END USER LICENSE GRANT

To use the Service, you must have a compatible mobile device and, to access certain features, a compatible wearable device. PepsiCo does not warrant that the Service will be compatible with your mobile device or your specific wearable device. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use on a mobile device owned or leased by you only and as permitted by the features of the Service. PepsiCo reserves all rights not expressly granted herein in the Service and the PepsiCo Content (as defined below). We may terminate this license at any time for any reason or no reason.

You may not access or use, or attempt to access or use, the Service to take any action that could harm the Released Parties (defined in “Waiver of Liability” below) or any other party, interfere with the operation of the Service, or use the Service in a manner that violates any applicable local, state, federal, or international laws. For example, and without limitation, you may not, nor allow any third party to: (i) modify, disassemble, decompile or reverse engineer the Service or use the Service to develop a competing product, except to the extent that such restrictions are expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party or use the Service to provide time sharing or similar services for any third party; (iii) make any copies of the Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; or (v) delete the copyright and other proprietary rights notices on the Service. You acknowledge that PepsiCo may from time to time issue upgraded versions of the Service, and may automatically electronically upgrade the version of the Service that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Service is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Service or any copy thereof, and PepsiCo or its third-party partners or suppliers retain all right, title, and interest in the Service (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. PepsiCo reserves all rights not expressly granted under this Agreement.

You agree to comply with all United States and foreign laws related to use of the Service. Violations of this Agreement may result in civil or criminal liability. PepsiCo and its affiliates may investigate and work with law enforcement authorities to prosecute users who violate this Agreement.

OUR PROPRIETARY RIGHTS

As between you and PepsiCo, PepsiCo owns the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, links, recommendations, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, and videos, and other content or material provided in or through use of the Service, all improvements to the Service, and all worldwide intellectual property rights in the foregoing (the “PepsiCo Content”). Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any PepsiCo Content. Use of the PepsiCo Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

Under certain circumstances, the Service may permit you to upload, submit, or otherwise make available information or materials (“Your Content”). You represent and warrant that you have the legal right to upload or submit Your Content and that none of Your Content violates the copyright, patent, trademark, trade secret, and/or other intellectual property or other right of any other party or is prohibited by applicable law. You consent to the use of, and hereby grant PepsiCo a worldwide, non-exclusive, royalty-free, fully-paid up, sublicensable (through multiple tiers), freely transferable, irrevocable, perpetual license to use, Your Content, including, without limitation, your personal information, to manage, provide, monitor, repair, improve, analyze, develop, and operate the Service and other products and services, and for all other legally permissible purposes. You represent that you own and/or have sufficient rights and consents to grant PepsiCo the foregoing consent and license. PepsiCo reserves the right to remove any of Your Content that PepsiCo determines infringes on any third party’s copyrights, trademarks, trade secrets, or other intellectual property or other rights, or that PepsiCo otherwise determines is inappropriate or violates this Agreement.

Any trademark, service mark, logo, trade name, or graphic design contained in the Service, whether or not appearing in large print or with the trademark symbol, belongs exclusively to PepsiCo or our licensors, and you may not use or display such trademarks without the prior written authorization of PepsiCo. Nothing in this Agreement grants you any right to use any patent, trademark, or other proprietary right of PepsiCo or any third party, to use the Service graphics, or to modify any information present in the Service without PepsiCo's prior written authorization, except to identify the product or services of PepsiCo.

PepsiCo makes no warranties or representations that your use of any materials displayed in the Service will not infringe the rights of third parties. Other company and product names used in the Service are trademarks of their respective owners. The use or misuse of any of these marks is strictly prohibited.

In no event shall the Service be deemed to be “open source” or “publicly available” software.

SECURITY

PepsiCo cares about the integrity and security of your personal information and has implemented reasonable measures to protect your information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

INDEMNITY

You agree to defend, indemnify and hold harmless PepsiCo and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or in any way related to your breach or alleged breach of this Agreement, your access to, use of, or alleged use of the Service, your violation of any third-party rights, including any intellectual property rights, or any rights of publicity, confidentiality, or other property or privacy right, and any claims arising from or alleging fraud, intentional misconduct, negligence, or criminal acts committed by you. PepsiCo reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall provide PepsiCo with such cooperation as PepsiCo reasonably requests.

NO WARRANTY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, AND IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER PEPSICO NOR THE OTHER RELEASED PARTIES MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY AND PRIVACY OF YOUR DATA AND/OR INFORMATION, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE; OR AS TO THE ACCURACY, RELIABILITY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WHETHER PROVIDED IN TEXT, AUDIO, VIDEO, GRAPHICAL, OR OTHER FORM, INCLUDING WITHOUT LIMITATION, ANY AND ALL SOFTWARE, TEXT, GRAPHICS, VISUALIZATIONS, TOOLS, LINKS, GUIDELINES OR OTHER COMMUNICATIONS OR CONTENT PROVIDED IN OR THROUGH THE USE OF THE SERVICE, OR ANY SITE OR SITES "LINKED" TO OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WEARABLE DEVICE. NEITHER PEPSICO NOR THE OTHER RELEASED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY SERVICE PROVIDERS, AND NEITHER PEPSICO NOR THE OTHER RELEASED PARTIES ARE LIABLE FOR ANY ALLEGED HARMS RESULTING FROM A DISRUPTION OF, OR DEFICIENCY IN, NETWORK CONNECTIVITY OR ANOTHER TECHNICAL MATTER. NEITHER PEPSICO NOR THE OTHER RELEASED PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICE, OR FOR ANY DEFECTS OR ERRORS THAT MAY RESULT FROM YOUR PROVISION OF INCOMPLETE OR INACCURATE INFORMATION TO PEPSICO OR THE SERVICE, YOUR USE OF THE SERVICE WITH HARDWARE THAT DOES NOT MEET THE MINIMUM REQUIREMENTS SPECIFIED BY PEPSICO OR IS OTHERWISE NOT COMPATIBLE OR INTEROPERABLE WITH THE SERVICE, OR YOUR USE OF ANY VERSION OF THE SERVICE OTHER THAN THE MOST RECENT GENERALLY AVAILABLE RELEASE OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING YOUR COMPUTER SYSTEM OR MOBILE OR WEARABLE DEVICE, OR THE LOSS OF DATA, THAT RESULTS FROM USE OF THE SERVICE.

The Service may provide links or allow you to access third-party websites, functionalities, applications, and services, including applications associated with and information from your wearable device. PepsiCo does not control the content of such websites, functionalities, applications, and services, and PepsiCo is not responsible for their content, practices, functionality, or standards. Inclusion of any third-party link or access does not imply a recommendation or endorsement by PepsiCo. PepsiCo is not responsible for and will not have any liability for any third-party websites, functionalities, applications, or services linked or otherwise accessible through the Service, including any damages or injuries of any kind arising in connection with the content of linked or otherwise accessible third-party websites, sites, functionalities, applications, or services framed within the Service, or third-party advertisements. PepsiCo does not make any representations regarding the content, practices, or accuracy, effectiveness, availability, timeliness, or suitability of any third-party websites, functionalities, applications, and services. Your use of third-party websites, functionalities, applications, and services is at your own risk and subject to the terms and conditions of use for such sites.

No information, whether oral or written, obtained by you from PepsiCo or through or from the Service shall create any warranty not expressly stated in this Agreement.

WAIVER OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, FOLLOWING A PEPSICO SUGGESTED PROGRAM OR PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS WHICH MAY INCLUDE BODILY INJURY AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF PEPSICO OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE TO RELEASE PEPSICO, ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS, AGENTS, CONTRACTORS, AND SUPPLIERS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE SERVICES AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE, PERSONAL INJURY, LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES, AND ANY COST OF ANY SUBSTITUTE SERVICES, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), OR OTHER THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ENTRY OF DATA OR INFORMATION INTO THE APPLICATION, (B) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION, (C) STOPPAGE OF USE BY YOU DURING OR AFTER COMMENCEMENT OF USE OF THE APPLICATION, (D) THE USE OR INABILITY TO USE THE APPLICATION, (E) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY, OR DEFECT IN OPERATION OR TRANSMISSION, VIRUS, LINE SYSTEM FAILURE, OR LOSS OF USE RELATED TO THE APPLICATION OR ANY LINKED DEVICE, OR (F) OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, AND EVEN IF ANY OF PEPSICO OR THE OTHER RELEASED PARTIES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE RELATING TO THIS AGREEMENT OF USE OR THE SERVICES EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND $100, EXCEPT TO THE EXTENT AN APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

The Service is controlled and operated from facilities in the United States and is intended for use only in the United States. PepsiCo makes no representations that the Service is appropriate or available for use in any other location. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

GOVERNING LAW

This Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without regard to the conflicts of law principles thereof. By using this site you consent to the jurisdiction of the courts located in New York for any action arising from this Agreement.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PEPSICO ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.

All claims arising in connection with your use of the Service should be reported and brought to our attention as soon as possible in a written statement delivered to PepsiCo, Inc. Attn: Consumer Relations, 700 Anderson Hill Road, Purchase, NY 10577. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU PERMANENTLY AND IRREVOCABLY WAIVE YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING IN CONNECTION WITH YOUR USE OF THE APPLICATION UNLESS YOU BRING IT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE DISPUTE. If a claim, action, or proceeding is not submitted within one year, it is permanently barred. This period can be extended only by the written consent of both parties. No statutes or provisions of law that would toll or otherwise affect the time in which a party may bring a claim shall operate to extend the period limited in this section, and any such statutes and provisions are hereby waived, to the fullest extent permitted by law.

ADDITIONAL TERMS FOR APPLE’S APP STORE

In addition to the other terms set forth herein, the provisions of this section also apply to you if you obtained the Service from Apple’s App Store. These additional terms should not be read to limit any other provision of this Agreement and should not be interpreted to affect the meaning of any other provision of this Agreement. You acknowledge that this Agreement is between you and us only, not with Apple, and Apple is not responsible for the Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple may refund any applicable purchase price for the Service to you; but, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (a) any product liability claim, (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (c) any claim arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party-claim that the Service and/or your possession and use of the Service infringes any third party’s intellectual property rights. You may access and use the Service only on Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions. You agree to comply with all applicable third-party terms when using the Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereunder.

GENERAL

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PepsiCo without restriction, including any notice to you or your consent. Any attempted transfer or assignment in violation hereof will be null and void.

Changes to the Agreement

PepsiCo may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the “last modified” date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to the terms of this Agreement or any future Terms of Use, do not use or access (or continue to access) the Service. PepsiCo is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with PepsiCo in connection with the Service, will constitute the entire agreement between you and PepsiCo concerning the Service and supersedes all prior agreements, undertakings, representations, warranties, and arrangements of any nature relating to the same. Each party acknowledges that it has not been induced to enter into this Agreement by any representation or warranty other than those contained in this Agreement.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Headings are included for convenience only and will not be considered in interpreting this Agreement. For the avoidance of doubt, as used in this Agreement, the word including means including but not limited to.

No Waiver

No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and PepsiCo’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.

PepsiCo shall not be in breach of this Agreement or otherwise liable to you as a result of any delay or failure in the performance of our obligations under this Agreement to the extent that such delay or failure is caused by any occurrence beyond either of our reasonable control, including, but not limited to, any act of God, strike, war, or sabotage, and the time for performance of the relevant obligation shall be extended accordingly. No failure or delay by either of us to exercise or enforce any right or benefit under this Agreement shall be deemed a waiver of such right or benefit nor operate to prevent or limit the future exercise or enforcement of that right or benefit.

Contact

Please contact us at 1-800-884-2867 or https://contact.pepsico.com/pepsico/contact-us with any questions regarding this Agreement or the functionality of the Service.

This Agreement was last modified on March 25, 2025.