Last Updated: February 18, 2025

These Kiosk Terms (“Terms”), are between you and Franchise World Headquarters, LLC (together with its affiliates, the “Subway® Group,” “we,” “us,” or “our”).

By placing an order through this kiosk, you agree that you have read and understand these Terms. If you do not agree to these Terms, do not place an order.

Neither we nor any other member of the Subway® Group is responsible for the operation of Subway® restaurants. Instead, Subway® restaurants are owned and operated by independent franchisees. Each restaurant is solely and independently responsible for any issues relating to the sale of products to you.

ARBITRATION NOTICE: These Terms contain a binding arbitration provision set forth below. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), these Terms require you to arbitrate disputes with us rather than resolve disputes through a jury trial or class action.

This kiosk allows you to place an order at this Subway® restaurant as a guest or using your Subway® account. For information about Subway® accounts (including how to create or terminate a Subway® account), please visit subway.com.

You represent and warrant that either you have reached the age of majority in your jurisdiction of residence or, if not, you have reviewed these Terms with your parent or legal guardian and made sure that you and your parent or legal guardian understand and accept these Terms.

The kiosk may allow you to make order payments through certain credit and debit cards but may not accept all payment cards. If and as available, the kiosk may accept payment using a Subway® Gift Card. The Subway® Gift Card program is administered separately by a third party. Use of a Subway® Gift Card is subject to separate terms and conditions, which are posted on subway.com.

If the first card you select is not accepted, please try another. Transactions consummated through the kiosk are with this Subway® restaurant and not with us or any member of the Subway® Group. We have no responsibility or liability if your payment card is declined by your financial institution. For problems or disputes concerning any order or payment, contact this Subway® restaurant directly or your payment card issuer.

Menu or nutritional information provided on the kiosk is for informational purposes only and assumes that the individual restaurants have complied with ingredient requirements and our standardized recipes. Nutrition information is compiled by a Registered Dietitian using nutrition analysis from approved food manufacturers, independent laboratories, the USDA Nutrient Database for Standard Reference, and, as applicable, information or published resources provided by our suppliers. The nutrition information listed is based on standard recipes, product formulations, product assembly, and serving size, however variations may occur due to season of the year, use of an alternate supplier, geographical region and/or small differences in product assembly. In addition, product formulations may change periodically. Certain product or nutritional information may not apply to all restaurants. You should expect some variation in the nutrient content of the products purchased at the restaurants. If you have questions about the products, procedures, or ingredients at a particular restaurant, please contact that restaurant.

If a billing error entitles you to a refund, you agree to accept the refund in the form of a credit on the method of payment used to place your order or as cash if you paid with cash. Except if and as may be required by law, cash refunds will not be provided. If you are dissatisfied with the products or services received from a Subway® restaurant, please contact that Subway® restaurant directly.

If you place an order on the kiosk while logged into or otherwise using your Subway® account, we will update your Subway® account activity to reflect that order and the kiosk will provide you with a transaction confirmation. The kiosk will provide you with three options for your order receipt: email, print at counter, and no receipt. Except if and as may be required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Subway® account and your use of the kiosk(s), and (b) reconciling all transactional information that is associated with your Subway® account. If you believe there is an error with your Subway® account, you agree to contact Guest Care immediately. If you believe there is unauthorized transaction activity associated with your Subway® account, please contact the applicable financial institution.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) AND WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS OF WARRANTIES OR CONDITIONS IN THE TERMS, USE OF THE KIOSK(S) IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) AND WITHOUT LIMITING THE GENERALITY OF THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THE TERMS, IN NO EVENT WILL THE SUBWAY® GROUP HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO OR BE INCURRED BY YOU OR A THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH YOUR PLACEMENT OF ORDERS (OR ANY INABILITY TO PLACE ORDERS) USING THE KIOSKS.

You agree to indemnify, defend and hold harmless the Subway® Group from and against any and all claims (including but not limited to third-party claims), demands, complaints, actions, damages, losses, judgments, settlements, fines, costs, expenses, and liabilities (including reasonable legal fees) arising out of or in connection with your placement of orders through the kiosk. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

If you are located in the United States, these Terms and access to and use of the kiosk are governed by the laws of the State of Connecticut, without giving effect to any conflicts of law or choice of laws principles thereof, and, as applicable, the federal laws of the United States.

If you are located in the Province of Quebec, Canada, these Terms and access to and use of the kiosk are governed by the laws of the Province of Quebec, without giving effect to any conflicts of law or choice of laws principles thereof, and, as applicable, the laws of Canada.

If you are located elsewhere in Canada, these Terms and access to and use of the kiosk are governed by the laws of the Province of Ontario, without giving effect to any conflicts of law or choice of laws principles thereof, and, as applicable, the laws of Canada.

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH, FOR CONSUMERS, MAY INCLUDE THE PROVINCE OF QUEBEC), IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT, AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. IT ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.

If you are located in the United States:

Initial Dispute Resolution

Before submitting a claim for arbitration in accordance with the provisions set forth in this Section 10, you and we agree to try, for thirty (30) days, to resolve any Dispute (defined below, under “Agreement to Binding Arbitration”) informally, upon giving written notice to the other party that identifies the specific violation alleged, any and all facts related to the alleged violation, and the specific monetary or other relief, if any, sought by the party. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of this arbitration agreement and a requirement that must be fulfilled before commencing any arbitration.

You and we further agree that any disagreements regarding compliance with this “Initial Dispute Resolution” provision shall be decided by a court, not an arbitrator; pending resolution of any such disagreements by a court, which may include requests to compel compliance with this provision, you and we agree that arbitration (as well as any obligation to pay arbitration fees) shall be stayed until the initial dispute resolution process set forth in this provision is complete. You and we acknowledge that either party’s failure to comply with the “Initial Dispute Resolution” provisions would irreparably harm the other, and you and we agree that a court may issue an order staying arbitration (and any obligation to pay arbitration fees) until the initial dispute resolution process in this provision is complete.

Agreement to Binding Arbitration

You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the kiosk(s) or these Terms (including the breach hereof) or for any promotions offered by the Subway® Group, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. If you are a California resident, requests for public injunctive relief, if any, shall be decided by a court, not an arbitrator, and that request for public injunctive relief shall be severed from any arbitration proceeding and stayed pending a final determination of the arbitration. Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to effect the stay of any requests for public injunctive relief.

Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred.

Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction. This arbitration agreement applies to you and all Subway® Group Parties.

Where the location of the applicable Subway® Group member is within the U.S.A., the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules (Link open in new window). All AAA arbitration proceedings will be held virtually or in a location reasonably convenient to both parties, consistent with the AAA’s Consumer Arbitration Rules. Where the location of the applicable Subway® Group member is anywhere outside of the U.S.A., the arbitration will be administered by the International Chamber of Commerce (“ICC”) in accordance with its applicable rules. All ICC arbitration proceedings will be held within the region in which the applicable Subway® Group member is located and such location will be selected by the Subway® Group.

Notwithstanding the foregoing, in the event of any actual, alleged, or threatened violation of confidentiality or violation of the Subway® Group’s intellectual property or other proprietary rights, or where appropriate to stop or prevent an imminent breach of these Terms, you and we may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any Subway® Group institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the Subway® Group to submit any claim seeking relief other than injunctive relief to arbitration.

The parties understand that, absent this mandatory provision, they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration. The parties further understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver

You and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: arbitration@subway.com. The notice must be sent within thirty (30) days of your use of the kiosk, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth in this section. If you opt out of these arbitration provisions, we also will not be bound by them.

Initiation of Mass Arbitration

If ten (10) or more demands for arbitration are filed relating to the same or similar subject matter and share common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.”

If a Mass Arbitration is commenced, you and we agree that the arbitrator may, at the request of either party, consolidate two or more arbitrations into a single arbitration, but not as a class arbitration, where: (a) the parties have agreed to consolidation, (b) in accordance with Federal Rules of Civil Procedure standards and applicable law, or (c) all of the claims in the arbitrations are made under the same arbitration agreement or agreements. In deciding whether to consolidate, the arbitrator may take into account any circumstance the arbitrator considers to be relevant, including whether one or more arbitrators have been confirmed or appointed in more than one of the arbitrations and, if so, whether the same or different persons have been confirmed or appointed.

If a Mass Arbitration is commenced and two or more arbitrations are consolidated into a single arbitration, you and we agree that any party may submit a request to the AAA, the arbitrator, or both that the fees to be assessed by the AAA (including, but not limited to, the case management fees, hearing fees, and the arbitrator fees) be adjusted and reduced based on consolidation of the arbitrations into a single arbitration. The parties shall also be free to agree on limitations on the fees to be paid to the arbitrator, to class-action counsel, or counsel in consolidated proceedings.

Exclusive Venue for Litigation

To the extent that the arbitration provisions set forth in this section do not apply or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Connecticut (except for small claims court actions, which may be brought where you reside). The parties expressly consent to exclusive jurisdiction in Connecticut for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the kiosk(s), the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

Additional Terms

Where the location of the applicable Subway® Group member is within the U.S.A., this arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.

This arbitration agreement does not amend or modify any rights or obligations under any franchise agreement, development agent agreement, supplier agreement, vendor agreement, or any other contract between you and the Subway® Group. All disputes within the scope of those agreements will be resolved in accordance with their terms.

If you are located in Canada:

Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within fourteen (14) days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator.

The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the arbitrator, whether characterized as final, interim, interlocutory or partial.

All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims, and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.

A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.

Entire Agreement; Interpretation

These Terms, including our Privacy Statement and any other terms or policies incorporated herein by reference, constitute the entire understanding between you and us with respect to your access to and use of the kiosk(s). Our failure to insist upon or enforce strict compliance with any provision of these Terms will not be construed as a waiver of any provision or right. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Subway® Group.

Your access to or use of certain features or functionality of the kiosk(s) may be subject to additional terms, conditions, rules, or policies, all of which are incorporated by reference into these Terms.

You will not transfer or assign in any way these Terms or any of your rights or obligations under these Terms. Any such transfer or assignment will be null and void. We may transfer or assign our rights, obligations, or duties under these Terms at any time to any party without notice to you.

The Subway® Group is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between you and the Subway® Group. These Terms do not confer any rights, remedies, or benefits upon any person other than you and the Subway® Group, except that our affiliates are third-party beneficiaries of these Terms.

These Terms and any other documentation, agreements, notices, or communications between you and the Subway® Group may be provided to you electronically (including, without limitation, by posting them on the kiosk(s) or via email) to the extent permissible by applicable law. These Terms and any such other documentation, agreements, notices, or communications will have the same meaning and effect as if we had provided you with a paper copy. Please print or otherwise save a copy of these Terms and all documentation, agreements, notices, and communications for your reference. A copy of these Terms can be found at subway.com.

If any provision of these Terms or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and the application of such provisions will not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable will modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

Any provisions of these Terms that are intended to survive termination (including, for example, any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the kiosk(s).

Except where prohibited by applicable law (which, for consumers, may include the province of Quebec), we reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the kiosk(s) and, by accessing or using the kiosk(s) after changes are posted, you agree to those changes.