MOBILE TERMS

Effective Date: September 8, 2026

MOBILE TEXT TERMS OF USE

These Mobile Text Terms of Use (“Mobile TOU”) govern your use of the text messaging information and marketing program (the “Program”) provided by The Phoenix Taproom & Kitchen (the “Company”). Please read this Mobile TOU carefully. By opting into the Program, you agree to this Mobile TOU, the Company’s online PRIVACY POLICY and the Company’s overall TERMS OF USE, as amended from time to time (collectively, the “Terms”). Before opting into the Program, please read the Terms carefully. Your access to, and use of, the Program represents your agreement to these Mobile TOU. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS, SUBSCRIBE OR USE THE PROGRAM.

The Company’s Program is an account information and marketing program that sends its users updates on account activity, as well as, but not limited to, great deals and special offers. This information is delivered directly to their mobile phones, via SMS and/or MMS. As a Program member, you may receive order updates, special deals, insider news, access to in-store events (where applicable), among other brand-specific communications.

Mobile Messaging Terms

When you provide the Company with your mobile phone number, you are expressly 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. You acknowledge that you are thirteen years of age or older and you have the consent of the wireless account holder. The Company may send recurring auto marketing mobile messages per month. The number of Account Updates & Information messages you receive will depend on your activity with the brand. If you signed up by texting a signup keyword, you will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply. Reply STOP to cancel, HELP for help.

If you opt-out, you agree to receive a final text message confirming your opt-out. You may opt out at any time by texting the word STOP to shortcode 43937. You agree to receive a final text message confirming your opt-out. For help, send a text message with the keyword HELP to 43937. Texts may be sent through an automatic telephone dialing system. Consent is not required as a condition of purchasing any goods or services. 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.

Sign Up For The Company’s Program

Sign up for the Company’s Program to receive texts with great deals, events and insider information. To opt in, text FOR EYES to 43937. You will receive a text from 43937 prompting you to reply. Reply with the appropriate confirmation to specify the messages you wish to receive and confirm that you agree to the Mobile Terms of Use. Message & data rates may apply.

Stop Receiving Promotional Text Messages

To stop receiving promotional or account update text messages from the Company, simply text STOP to 43937.

Note: None of these opt-out trigger words are case sensitive.

Alternatively, you can opt-out of receiving texts from the Company by contacting 715-514-0948.

SMS Terms & Conditions (Alcohol & Loyalty Program)

1. Program Description

The Phoenix Taproom & Kitchen (“we,” “us,” “our”) offers a Loyalty program (the “Loyalty Program”) and an SMS text messaging program (the “Program”) to communicate promotions, event announcements, hours updates, loyalty point balances and reward notifications, and related content, which may include content related to alcoholic beverages. The Loyalty Program and the Program are related but you may participate in the Loyalty Program without enrolling in SMS messaging, and vice versa where applicable.

2. Eligibility & Age Requirement

You must be at least 21 years of age to enroll in the Program. By enrolling, you represent and warrant that (a) you are the account holder or authorized user of the mobile number provided, and (b) you are at least 21 years of age. We verify age at enrollment by requiring entry of your full date of birth. We reserve the right to deny or terminate enrollment for any person who does not meet this requirement.

3. Consent to Receive Messages

By providing your mobile number and completing the age-verification and opt-in steps, you agree to receive recurring automated marketing and Loyalty Program text messages from [Establishment Name] at the number provided. Consent is not a condition of any purchase or of Loyalty Program enrollment. Message frequency varies. Message and data rates may apply.

4. How to Opt In

Keyword, text TPTK to [Number/Short Code]. Upon initiating opt-in, you will receive a confirmation message and a request to reply with your date of birth (YYYY-MM-DD) to complete enrollment. Enrollment will not be completed until age verification is confirmed.

5. How to Opt Out

Text STOP to [Number/Short Code] at any time to cancel. You will receive a one-time confirmation text that you have been unsubscribed. You may re-subscribe by opting in again as described above. For help, text HELP to [Number/Short Code] or contact 715-514-0948. Opting out of SMS messages does not remove you from the Loyalty Program. Your points and rewards remain accessible via member portal.

6. Message Content

Messages sent under this Program may reference the Loyalty Program (points, rewards, redemption notices) and, where age-verified, alcoholic beverages, promotions, and events. We do not sell or ship alcohol via this Program; messages relate to on-premise offerings only unless otherwise stated. Message content complies with applicable state alcohol advertising laws and carrier content guidelines.

7. Carriers

Carriers are not liable for delayed or undelivered messages. Supported carriers include all major U.S. wireless carriers.

8. Changes to the Program

We may change or discontinue the Program, the Loyalty Program, or these Terms, at any time. Material changes will be communicated via text or posted at thephoenixtaproom.com/mobile-terms with an updated effective date.

9. Privacy

Use of this Program and the Loyalty Program is also governed by our Privacy Policy thephoenixtaproom.com/privacy-policy, which describes how we collect, use, and protect your information, including mobile opt-in data and Loyalty Program activity.

10. Contact

The Phoenix Taproom & Kitchen, 402 Graham Ave First Floor, Eau Claire, WI 54703, 715-514-0948.

Questions / Comments / Concerns

Please direct all comments, questions or concerns regarding the Company’s text messaging program to our toll-free customer support line at 715-514-0948.

Help Command

For help at any time, text HELP to [Number/Short Code]. This text messaging marketing program is free from the Company, but message & data rates may apply.

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.

The Company reserves the right to modify these Mobile 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.

Carriers are not liable for delayed or undelivered messages is missing.