Terms of Service

Effective Date: May 15, 2026  |  Last Updated: May 15, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), governing your access to and use of the website located at costavida-meal.digital, including all content, features, functionality, online ordering systems, and services offered through the website (collectively, the "Services").

By accessing, browsing, or using the Services in any manner, including but not limited to placing an order, creating an account, or simply viewing content on the website, you acknowledge that:

• You have read and fully understood these Terms;
• You are at least 18 years of age or the age of majority in your jurisdiction;
• You have the legal capacity and authority to enter into this binding agreement;
• You agree to comply with all applicable local, state, and federal laws and regulations of the United States.

If you are accessing or using our Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and all references to "you" in these Terms shall refer to both you personally and such entity.

These Terms incorporate by reference our Privacy Policy, also available on our website, which governs how we collect, use, and disclose your personal information. Your use of the Services also constitutes acceptance of our Privacy Policy.

2. Description of Services

Costa Vida is a food service company operating within the United States, dedicated to providing customers with fresh, flavorful, and authentic food offerings. Through our website at costavida-meal.digital, we offer the following services:

• Online Food Ordering: Customers may browse our menu, customize their food selections, and place orders for pickup or delivery through our digital platform.
• Account Management: Registered users may create and manage personal accounts to track order history, save preferences, and access exclusive offers.
• Loyalty and Rewards Programs: We may offer loyalty programs, promotional discounts, gift cards, and special offers to registered customers from time to time.
• Nutritional and Allergen Information: Our website provides informational content regarding menu items, including nutritional data and allergen disclosures, to help customers make informed dietary choices.
• Catering and Group Orders: We may offer catering services for large groups or events, subject to availability and additional terms that may apply.
• Customer Support: We provide customer support services via email and other available communication channels.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. Menu items, prices, availability, and hours of operation are subject to change without notice.

3. User Accounts and Registration

Certain features of our Services may require you to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information as prompted by the registration process;
• Maintain and promptly update your account information to ensure it remains accurate, current, and complete;
• Keep your password secure and confidential at all times;
• Accept full responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach.

You may not create an account using a false identity, impersonate another person, or create multiple accounts for abusive or fraudulent purposes. We reserve the right to suspend or terminate any account at our sole discretion, including accounts that we believe have been created fraudulently or used in violation of these Terms.

4. User Obligations and Prohibited Activities

As a condition of your access to and use of the Services, you agree to use the Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations of the United States. You agree that you will not, under any circumstances:

4.1 General Prohibitions

• Use the Services for any illegal, fraudulent, or unauthorized purpose;
• Violate any applicable federal, state, or local law, regulation, or ordinance, including but not limited to consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.);
• Transmit any unsolicited or unauthorized advertising or promotional material, including spam, chain letters, or any other form of solicitation;
• Collect or harvest personal information of other users without their explicit consent;
• Impersonate any person or entity, or falsely claim an affiliation with any person or entity;
• Engage in conduct that restricts or inhibits any other person's use or enjoyment of the Services, or which may harm Costa Vida or users of the Services;
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services;
• Submit false, misleading, or fraudulent orders or payment information;
• Use any automated means, bots, scrapers, crawlers, or similar data gathering tools to access, collect, or copy content from the Services without our prior written consent.

4.2 Content-Related Prohibitions

• Post, upload, transmit, or distribute any content that is defamatory, obscene, offensive, threatening, abusive, or otherwise objectionable;
• Upload or transmit any material that contains viruses, Trojan horses, worms, or any other malicious code;
• Infringe upon any third party's intellectual property rights, including copyrights, trademarks, patents, or trade secrets;
• Engage in any conduct that disparages or defames Costa Vida, its employees, partners, or other users.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, reporting such conduct to law enforcement authorities and terminating your account.

5. Intellectual Property Rights

All content available through the Services, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the website ("Intellectual Property"), is the exclusive property of Costa Vida or its licensors, and is protected by applicable intellectual property laws of the United States, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

All trademarks, service marks, trade names, logos, and trade dress associated with Costa Vida are proprietary to the Company. Nothing in these Terms shall be construed as granting you any right or license to use any trademark, service mark, or logo of Costa Vida without our prior written consent.

5.1 Limited License

Subject to your compliance with these Terms, Costa Vida grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from any content on the Services;
• Use data mining, robots, or similar data gathering tools;
• Modify or copy the materials on the Services for any commercial purpose or for any public display;
• Remove any proprietary notices or labels on the materials.

Any unauthorized use of our Intellectual Property may violate copyright law, trademark law, and other applicable regulations and could result in criminal or civil penalties.

5.2 User-Submitted Content

If you submit, post, or transmit any content to us (including reviews, comments, feedback, suggestions, or photographs), you grant Costa Vida a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with our Services and marketing activities. You represent and warrant that you own or have the necessary rights to grant this license and that such content does not infringe upon any third party's rights.

6. Payment Terms and Online Ordering

By placing an order through our website, you agree to the following payment terms:

6.1 Pricing and Fees

All prices displayed on our website are in United States Dollars (USD) and are subject to applicable sales taxes as required by state and local law. Prices are subject to change without prior notice. Delivery fees, service charges, and gratuity options, if applicable, will be clearly disclosed during the checkout process prior to order confirmation.

6.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed on our website during checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method you provide;
• The payment information you provide is accurate and complete;
• You authorize us to charge the applicable amounts to your designated payment method.

6.3 Order Confirmation and Cancellations

Order confirmations will be sent to the email address associated with your account or provided during checkout. Once an order is submitted and accepted, it may not be cancellable depending on its preparation status. Please contact us promptly at [email protected] if you need to modify or cancel an order. Refunds, if applicable, will be processed in accordance with our Refund Policy as displayed on our website.

6.4 Promotional Offers and Discounts

Promotional codes, discounts, and special offers are subject to their own terms and conditions, which will be communicated at the time of the promotion. We reserve the right to revoke any promotional offer at any time in the event of abuse, fraud, or technical error.

7. Food Safety, Allergen, and Nutritional Disclaimers

Costa Vida takes food safety seriously. However, we make no guarantees that menu items are free from allergens. Our food is prepared in kitchens that handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, and shellfish. Cross-contamination is possible. Customers with severe allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs.

Nutritional information provided on our website is approximate and may vary due to product availability, seasonal variations, portion size, and preparation methods. This information is provided for general informational purposes only and should not be relied upon as a substitute for professional nutritional or medical advice.

8. Third-Party Links and Services

Our website may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third-party entities or their websites.

Your use of third-party websites is at your own risk and subject to the terms and conditions of those third parties. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit. The inclusion of any link does not imply endorsement, approval, or responsibility by Costa Vida for that website or its content.

9. Disclaimers — Services Provided "As Is"

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Warranties that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• Warranties regarding the accuracy, completeness, reliability, or timeliness of any content or information provided through the Services;
• Warranties that defects in the Services will be corrected;
• Warranties that the results obtained from the use of the Services will be accurate or reliable.

Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the greatest extent permitted by applicable law.

10. Limitation of Liability

In no event shall our total aggregate liability to you for all claims arising out of or related to these Terms or your use of the Services exceed the greater of:

• The total amount paid by you to Costa Vida in the twelve (12) months immediately preceding the event giving rise to the claim; or
• One Hundred United States Dollars ($100.00 USD).

The limitation of liability set forth above is a fundamental element of the basis of the bargain between Costa Vida and you. The Services would not be provided without such limitations. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages; therefore, the above limitation may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its parent company, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Services, including but not limited to any content you submit, post, or transmit through the Services;
• Your violation of any third party's rights, including intellectual property rights or privacy rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any claim that your content caused damage to a third party;
• Your negligence or willful misconduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and applicable state laws, without giving effect to any choice or conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted hereunder, you and Costa Vida agree to submit to the exclusive personal jurisdiction of the federal and state courts located within the United States for the purpose of litigating all such disputes. You hereby waive any objection to the laying of venue in such courts and waive any claim that such courts represent an inconvenient forum.

Users located in California acknowledge that additional rights and protections may apply under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA) (Cal. Civ. Code § 1798.100 et seq.), and the California Consumers Legal Remedies Act (CLRA), as well as other applicable California state laws.

Additionally, consumer protection standards applicable under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) apply to our commercial practices, and we are committed to complying with all FTC regulations regarding fair and transparent business practices in the food and restaurant industry.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services ("Dispute"), you agree to first attempt to resolve the Dispute informally by contacting Costa Vida at [email protected] with a written description of the Dispute. We will attempt to resolve the Dispute informally within thirty (30) days of receipt. If the Dispute cannot be resolved informally within that period, either party may proceed to binding arbitration as described below.

13.2 Binding Arbitration

Except for claims seeking injunctive or other equitable relief, or claims relating to intellectual property infringement, any unresolved Dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as amended from time to time. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

13.3 Class Action Waiver

13.4 Time Limitation on Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This limitation shall not apply to claims under applicable state consumer protection laws where such limitations are prohibited.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use or access our Services. We reserve the right, at our sole discretion, to terminate or suspend your access to all or any portion of the Services, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Conduct that we believe is harmful to other users, third parties, or the business interests of Costa Vida;
• Requests from law enforcement or government agencies;
• Discontinuation or material modification of the Services;
• Unexpected technical or security issues.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may also terminate your account at any time by contacting us at [email protected] and requesting account deletion.

15. Changes to Terms of Service

We reserve the right to update, modify, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will notify you by:

• Posting the revised Terms on our website at costavida-meal.digital with an updated "Last Updated" date;
• Sending an email notification to the address associated with your account, where applicable;
• Displaying a prominent notice on our website.

Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the modified Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of the Services. We encourage you to periodically review these Terms to stay informed of any updates.

16. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason under applicable federal or state law, that provision shall be deemed severed from these Terms. The severance of such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely approximates the intent and economic effect of the original provision.

No failure or delay by Costa Vida in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any further or other exercise thereof or the exercise of any other right, power, or remedy.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by Costa Vida on the website, shall constitute the entire agreement between you and Costa Vida concerning the Services. This Agreement supersedes all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the Services, whether written or oral. No representation, statement, or inducement, whether oral or written, not contained in these Terms shall bind either party.

Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision herein.

18. Accessibility

Costa Vida is committed to making our website accessible to all users, including individuals with disabilities, in compliance with applicable accessibility standards and the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you encounter any accessibility barriers while using our Services, please contact us at [email protected] so that we may provide assistance or address the issue.

19. Electronic Communications and Consent

By using our Services, you consent to receive electronic communications from Costa Vida, including order confirmations, account updates, promotional messages (where you have opted in), and notices regarding these Terms. You agree that any notice, agreement, disclosure, or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be "in writing." You may opt out of promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly.

20. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of our obligations under these Terms that results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government restrictions, power outages, internet service disruptions, labor disputes, terrorist acts, or other events of force majeure. In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as soon as practicable.

21. Children's Privacy

Our Services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13 years of age. If you are under 13, you may not use our Services or create an account. If we become aware that we have collected personal information from a child under 13 without verified parental consent, we will take steps to delete that information. Parents or guardians who believe their child has provided us with personal information may contact us at [email protected].

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to exercise any of your legal rights under applicable law, please contact us using the following information:

We are committed to addressing your inquiries promptly and in good faith. All formal legal notices must be sent in writing to our email address listed above and will be deemed received upon acknowledgment by our team. For time-sensitive matters, please clearly mark your subject line as "LEGAL NOTICE — TERMS OF SERVICE."