Terms of Service

Effective Date: April 7, 2026  |  Last Updated: April 7, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), the operator of the website located at costas-vida.click. By accessing, browsing, or otherwise using this Website — whether to view our menu, place an order, read content, or contact us — you expressly agree to be bound by these Terms and all applicable laws and regulations of the United States of America.

Your continued use of this Website following the posting of any changes to these Terms constitutes your acceptance of those changes. If you are accessing this Website on behalf of a business entity, you represent and warrant that you have the legal authority to bind that entity to these Terms.

These Terms apply to all visitors, users, customers, and others who access or use the Website. Users must be at least 13 years of age to use this Website. If you are under the age of 18, you may only use this Website with the involvement and consent of a parent or legal guardian. We do not knowingly collect personal information from children under the age of 13 in violation of the Children's Online Privacy Protection Act (COPPA).

2. Description of Services

Costa Vida is a food-related business operating within the United States. Through this Website, we provide users with access to the following services and features:

• Online display of our food menu, including descriptions, pricing, ingredients, and allergen information;
• Online ordering capabilities, including the ability to place orders for pickup or delivery (where available);
• Information about our restaurant locations, hours of operation, and special events;
• Promotional content, loyalty program details, and special offers;
• Customer support and contact features;
• Newsletter and marketing communication subscriptions;
• General informational content related to our food products, brand story, and business operations.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Our services are intended solely for personal, non-commercial use unless otherwise agreed upon in writing. The services provided through this Website are subject to availability and may vary by geographic location.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using this Website, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account;
• Notify us immediately if you suspect any unauthorized access to or use of your account;
• Use this Website only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations;
• Respect the intellectual property rights of Costa Vida and third parties;
• Provide valid payment information and authorize us to charge applicable amounts for orders placed.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using this Website:

• Illegal Activity: Using the Website for any unlawful purpose or in violation of any applicable federal, state, or local laws, including but not limited to the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), or any applicable consumer protection laws;
• Fraudulent Conduct: Submitting false orders, engaging in fraudulent payment activity, impersonating any person or entity, or misrepresenting your affiliation with any person or organization;
• Harmful Content: Uploading, transmitting, or distributing any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable;
• Interference: Attempting to interfere with, compromise the integrity or security of, or gain unauthorized access to the Website or its related servers and networks;
• Automated Access: Using bots, scrapers, crawlers, or any other automated means to access, collect data from, or interact with the Website without our prior written consent;
• Spam: Sending unsolicited communications, advertising, or promotional materials to other users of our platform;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise discover the source code or underlying structure of the Website;
• Unauthorized Framing or Linking: Framing, mirroring, or otherwise incorporating any part of the Website into another website without our prior written authorization;
• Data Harvesting: Collecting or harvesting any personally identifiable information from the Website, including account names and email addresses, for commercial or non-consensual purposes;
• Viruses and Malware: Introducing any viruses, Trojan horses, worms, ransomware, or other malicious or technologically harmful material into the Website or its infrastructure;
• Competitive Use: Using the Website or its content to develop competing products or services without our express written consent.

We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibitions, including without limitation removing the offending content, suspending or terminating the user's account, and reporting such violations to appropriate law enforcement authorities.

4. Intellectual Property Rights

All content available on or through this Website — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and all other materials — is the exclusive property of Costa Vida or its licensors and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark law.

The Costa Vida name, logo, trade dress, slogans, and all related marks are trademarks or service marks of Costa Vida. Nothing in these Terms grants you any right to use our trademarks, logos, or other proprietary information without our prior written consent. Unauthorized use of our intellectual property is strictly prohibited and may result in civil or criminal penalties.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Website solely for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

• Reproduce, modify, distribute, or create derivative works based on our content;
• Publicly display or perform any content from our Website;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy any account information for the benefit of third parties;
• Use our Website or content for any commercial purpose without our express prior written consent.

If you believe that any content on our Website infringes upon your copyright, please contact us at [email protected] with a detailed description of the alleged infringement, consistent with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

Where applicable, the following payment terms apply to any purchases or transactions made through this Website:

5.1 Pricing and Fees

All prices displayed on our Website are in U.S. Dollars (USD) and are subject to change without prior notice. Applicable taxes will be calculated and added to your total at the time of checkout in accordance with federal, state, and local tax laws. We reserve the right to correct any pricing errors at any time.

5.2 Payment Methods

We accept major credit and debit cards, as well as other payment methods as indicated on the checkout page. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the full amount of your order, including applicable taxes and fees.

5.3 Order Confirmation

Your receipt of an order confirmation email does not constitute our acceptance of your order. We reserve the right to accept or decline your order at any time for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraud.

5.4 Refunds and Cancellations

Refund and cancellation policies are outlined separately in our Refund Policy. If you have questions about a charge or need to request a refund, please contact us at [email protected]. We process refunds in accordance with applicable consumer protection laws, including relevant state regulations.

5.5 Chargebacks

If you initiate a chargeback without first contacting us to resolve the dispute, we reserve the right to dispute the chargeback and provide supporting documentation to your payment provider. Fraudulent chargebacks may result in suspension or termination of your account and may be referred to appropriate authorities.

6. Disclaimers and "As-Is" Basis

Costa Vida expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Any warranties arising out of course of dealing, usage, or trade practice;
• Any warranty that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content on the Website, including menu information, pricing, and nutritional data.

We do not warrant that any errors or defects in the Website will be corrected, or that the Website or its servers are free of viruses or other harmful components. You expressly agree that your use of this Website is at your sole risk.

Allergen Disclaimer: While we make reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that our food items are free from any specific allergen. Our food is prepared in facilities that may handle common allergens including nuts, dairy, gluten, soy, eggs, fish, and shellfish. Individuals with severe food allergies should exercise caution and contact us directly before placing an order.

7. Limitation of Liability

This limitation applies regardless of the legal theory upon which the claim is based — whether in contract, tort (including negligence), strict liability, or otherwise — and even if Costa Vida has been advised of the possibility of such damages. Specific excluded damages include but are not limited to:

• Loss of profits, revenue, or anticipated savings;
• Loss of business or goodwill;
• Loss of data or information;
• Business interruption;
• Personal injury or property damage arising from your use of the Website or our services;
• Any errors or omissions in content, including but not limited to menu items, pricing, and nutritional information;
• Unauthorized access to or alteration of your transmissions or data;
• Any third-party conduct or content on the Website.

In jurisdictions where limitations on implied warranties or the exclusion or limitation of liability for consequential or incidental damages are not permitted, Costa Vida's liability shall be limited to the maximum extent permitted by law. In all cases, our total aggregate liability to you for any claims arising out of or relating to these Terms or your use of the Website shall not exceed the greater of one hundred U.S. dollars ($100.00) or the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its affiliates, subsidiaries, officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns 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 Website or our services, including but not limited to, your submissions, user content, and any use of the Website's content, services, and products other than as expressly authorized in these Terms;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights;
• Any claim that your use of our Website caused damage to a third party;
• Any fraudulent, false, or misleading information you provide to us;
• Any product liability claims arising from your misuse of our food products or misrepresentation of allergen requirements.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which our business is registered and operates, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be subject to the exclusive jurisdiction of the federal and state courts located within the appropriate jurisdiction in the United States. You consent to personal jurisdiction in such courts and waive any objection to the laying of venue in such courts.

Our services are intended for use within the United States only. We make no representations that the Website or its content is appropriate or available for use in other locations. Access from territories where the content is illegal is prohibited.

These Terms are subject to applicable federal consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.). Residents of California may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other California-specific consumer protection statutes.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Costa Vida in writing at [email protected] to describe the nature of your dispute and the relief sought. We will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If we are unable to resolve the dispute informally, either party may proceed to formal dispute resolution.

10.2 Binding Arbitration

Except as provided below, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are incorporated herein by reference.

The arbitration shall be conducted in English and shall take place in a mutually agreed location within the United States, or via remote/telephonic means if agreed upon by both parties. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10.3 Class Action Waiver

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights or other proprietary rights.

10.5 Small Claims Court

Either party may bring individual claims in small claims court if the claims qualify and the matter remains in such court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local government agencies, which may seek relief on your behalf.

11. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Website. We reserve the right, in our sole discretion and without notice or liability, to:

• Deny access to the Website to any user for any reason;
• Terminate or suspend your account or access to the Website at any time, with or without cause;
• Remove or edit any content, including user-submitted content, that we determine in our sole discretion violates these Terms or is otherwise objectionable;
• Discontinue the Website or any portion thereof at any time.

You may terminate your use of the Website at any time by discontinuing your access. If you have a registered account, you may request account deletion by contacting us at [email protected].

Upon termination or expiration of your access:

• All licenses and rights granted to you in these Terms shall immediately terminate;
• You must immediately cease all use of the Website;
• Provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property provisions, indemnification, disclaimer of warranties, limitation of liability, and dispute resolution provisions.

12. Changes to Terms

Costa Vida reserves the right to modify, amend, or update these Terms of Service at any time and for any reason, in its sole discretion. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on this Website;
• Where required by applicable law or where we deem appropriate, provide additional notice via email or a prominent notice on our Website.

Your continued use of the Website after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately discontinue use of the Website. We encourage you to review these Terms periodically to stay informed about your rights and obligations.

We will maintain an archive of prior versions of these Terms, which you may request by contacting us at [email protected].

13. Third-Party Links and Services

This Website may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. We provide these links for your convenience only and do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly advise you to review the terms and privacy policies of any third-party websites or services you visit. You acknowledge and agree that Costa Vida shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services.

Third-party service providers we may use include, but are not limited to, payment processors, delivery service platforms, analytics providers, and marketing platforms. Each of these providers has its own terms of service and privacy policy, which governs their relationship with you.

14. Privacy Policy

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, share, and protect your personal information. By using this Website, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent you are a resident of California, your privacy rights are further governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please review our Privacy Policy for more information about your specific rights under applicable law.

15. Electronic Communications

By using this Website and providing your email address or phone number, you consent to receive electronic communications from Costa Vida, including but not limited to order confirmations, promotional emails, newsletters, and service announcements. You may opt out of marketing communications at any time by following the unsubscribe instructions included in those communications or by contacting us directly.

For the purposes of any applicable contract or documentation requirements, your agreement to these Terms and any notices we provide you electronically satisfy any legal requirement that such agreements or notices be in writing.

16. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance under these Terms that results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, labor disputes, governmental actions, power or internet outages, cyberattacks, supply chain disruptions, or any other events constituting force majeure under applicable law.

In the event of a force majeure occurrence, we will use commercially reasonable efforts to notify you of the situation and resume normal operations as soon as practicable.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Costa Vida with respect to your use of the Website and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, regarding the subject matter herein.

No failure by Costa Vida to exercise, and no delay in exercising, any right or power under these Terms shall operate as a waiver thereof. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Costa Vida.

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties agree that they would have entered into these Terms even in the absence of any provision that is subsequently found to be unenforceable, and it is the intention of the parties that the remaining provisions of these Terms shall be given full force and effect.

19. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this restriction shall be null and void. Costa Vida may freely assign its rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, without notice to or consent from you.

20. No Waiver

Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver of any provision of these Terms shall be effective unless explicitly stated in writing and signed by an authorized representative of Costa Vida.

21. Headings

The section headings used in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms. These Terms shall be construed without regard to any presumption or rule requiring construction against the party causing these Terms to be drafted.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, your rights, or our practices, please do not hesitate to contact us using the information below: