Terms of Service

1. Introduction and Acceptance

Welcome to Costa Vida! These Terms of Service ("Terms") govern your use of our website, mobile applications, food delivery services, catering services, and all related services provided by Costa Vida ("we," "us," or "our"). By accessing, browsing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Your use of our services constitutes acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use our services.

1.1 Eligibility Requirements

To use our services, you must:

• Be at least 18 years of age or have reached the age of majority in your jurisdiction
• Have the legal capacity to enter into binding agreements
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Comply with all applicable local, state, and federal laws

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes indicates your acceptance of the new Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Company," "we," "us," or "our" refers to Costa Vida, a food service business operating in the United States
• "You," "your," or "User" refers to any individual or entity using our services
• "Services" includes our website, mobile applications, food preparation, delivery, catering, franchise opportunities, and all related services
• "Content" includes all text, images, videos, audio, software, and other materials available through our services
• "Website" refers to costavidas.click and any associated subdomains or mobile applications
• "Order" refers to any request for food items or services placed through our platform
• "Delivery" refers to the transportation of food items from our locations to customer-specified addresses

3. Use of Services

3.1 Permitted Use

You may use our services for legitimate, personal, and non-commercial purposes, including:

• Browsing our menu and restaurant information
• Placing orders for food delivery or pickup
• Making reservations or catering inquiries
• Accessing nutritional information and allergen details
• Participating in loyalty programs and promotions
• Providing feedback and reviews

3.2 Prohibited Use

You are strictly prohibited from:

• Using our services for any illegal or unauthorized purpose
• Engaging in fraudulent activities or providing false information
• Attempting to gain unauthorized access to our systems or user accounts
• Interfering with or disrupting our services or servers
• Transmitting viruses, malware, or any harmful code
• Harvesting or collecting user information without consent
• Creating multiple accounts to circumvent restrictions
• Using automated systems to access our services without permission
• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Sending spam or unsolicited communications
• Posting inappropriate, offensive, or harmful content

4. User Accounts

4.1 Registration Requirements

To access certain features of our services, you must create an account by providing accurate, current, and complete information. Required information may include your name, email address, phone number, and delivery address.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Using a strong, unique password
• Logging out of your account when finished

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. You may also delete your account at any time by contacting us directly.

5. Products and Services

5.1 Food Safety and Quality Standards

Costa Vida maintains the highest standards of food safety and quality. We comply with all applicable health department regulations and food safety requirements. However, we cannot guarantee that our food preparation areas are completely free from allergens.

5.2 Allergen Information

While we provide allergen information for our menu items, we cannot guarantee that cross-contamination will not occur. Customers with severe allergies should exercise caution and consult with our staff before ordering. Costa Vida is not liable for allergic reactions.

5.3 Menu and Pricing

Our menu items, descriptions, and prices are subject to change without notice. We strive to maintain accurate information, but errors may occur. In case of pricing errors, we reserve the right to cancel orders or request additional payment.

5.4 Order Acceptance

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product availability
• Suspected fraudulent activity
• Delivery area restrictions
• Failure to meet minimum order requirements
• Technical errors in pricing or product information

5.5 Delivery Terms

Delivery services are available within specified zones and during operating hours. Delivery times are estimates and may vary due to weather, traffic, or high demand. We are not liable for delays beyond our reasonable control.

5.6 Minimum Order Requirements

Minimum order amounts may apply for delivery services and vary by location and time. Current minimums are displayed during the ordering process.

5.7 Temperature-Sensitive Items

We take special care in handling temperature-sensitive food items. However, we recommend consuming delivered food immediately upon receipt to ensure optimal quality and safety.

5.8 Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and approved digital payment methods. All transactions are processed securely through encrypted payment systems.

5.9 Returns and Refunds

Due to the nature of food products, we do not accept returns. Refund policies are detailed in our separate Refund Policy document, which can be found at refund.html.

6. Intellectual Property

6.1 Our Content

All content on our website, including but not limited to text, graphics, logos, images, videos, software, and compilations, is the exclusive property of Costa Vida or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for personal, non-commercial purposes. This license does not permit you to:

• Modify, copy, or distribute our content
• Use our content for commercial purposes
• Remove or alter proprietary notices
• Create derivative works based on our content

6.3 User Content License

By submitting content to our services (reviews, photos, comments), you grant us a worldwide, royalty-free, perpetual license to use, modify, and display such content for business purposes.

6.4 Copyright Infringement

If you believe your copyright has been infringed, please contact us immediately with detailed information about the alleged infringement.

7. User Content

7.1 Content Responsibility

You are solely responsible for any content you submit, including reviews, comments, photos, and feedback. You represent that you own or have necessary permissions for all submitted content.

7.2 Prohibited Content

You may not submit content that is:

• Unlawful, harmful, or offensive
• Defamatory or invasive of privacy
• Infringing on intellectual property rights
• Misleading or fraudulent
• Contains viruses or harmful code
• Spam or unsolicited commercial content

7.3 Content Moderation

We reserve the right to monitor, edit, or remove any user content at our discretion without notice. We do not endorse or guarantee the accuracy of user-generated content.

8. Disclaimers

8.1 Service Availability

Our services are provided "as is" and "as available" without warranties of any kind. We do not guarantee that our services will be uninterrupted, error-free, or completely secure.

8.2 Third-Party Content

We are not responsible for the accuracy, completeness, or reliability of third-party content, including user reviews and external links.

8.3 Professional Advice

Information provided through our services is for general informational purposes only and should not be considered professional nutritional or medical advice.

8.4 Food Safety Disclaimer

While we maintain high food safety standards, we cannot guarantee that our food will be free from all allergens or contaminants. Customers with allergies or dietary restrictions should exercise appropriate caution.

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, Costa Vida's total liability for any claims arising from these Terms or your use of our services shall not exceed the amount you paid to us in the twelve months preceding the claim.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, regardless of the theory of liability.

9.3 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or pandemics.

10. Indemnification

You agree to indemnify, defend, and hold harmless Costa Vida, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your use of our services
• Your violation of any law or regulation
• Your infringement of any third-party rights
• Content you submit to our services

This indemnification obligation survives termination of these Terms and your use of our services.

11. Third-Party Links and Services

Our services may contain links to third-party websites or services that we do not control. We are not responsible for the content, privacy practices, or terms of service of any third-party sites. Your interactions with third-party services are governed by their respective terms and policies.

We do not endorse or recommend any third-party products or services unless explicitly stated. Use of third-party services is at your own risk.

12. Termination

12.1 Termination by Company

We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including violation of these Terms.

12.2 Termination by User

You may terminate your account at any time by contacting our customer service team or using account deletion features where available.

12.3 Effect of Termination

Upon termination, your right to use our services ceases immediately. Provisions regarding intellectual property, disclaimers, limitation of liability, and indemnification survive termination.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms are governed by the laws of the State of Connecticut and the United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Before filing any legal action, you agree to first attempt to resolve disputes through good faith negotiation. If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13.3 Jurisdiction and Venue

Any legal actions not subject to arbitration shall be brought exclusively in the courts of Connecticut, and you consent to personal jurisdiction in such courts.

13.4 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

14. Changes to Terms

We reserve the right to modify these Terms at any time to reflect changes in our services, applicable laws, or business practices. When we make changes:

• We will update the "Last updated" date at the top of this document
• Significant changes will be highlighted or communicated directly to users
• Your continued use of our services constitutes acceptance of the revised Terms
• If you disagree with changes, you must stop using our services

It is your responsibility to review these Terms periodically for updates.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Costa Vida regarding your use of our services.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights and obligations without restriction.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control.

15.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

Effective Date: These Terms of Service are effective as of January 15, 2026.

Version: 2.1

Thank you for choosing Costa Vida. We appreciate your business and look forward to serving you!