Terms of Service

Effective Date: June 29, 2026  |  Last Updated: June 29, 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"), the operator of the website located at costavidacafe.click (the "Website") and the food service operations associated therewith.

By visiting, browsing, or otherwise using this Website, placing an order, participating in any promotions, or engaging with any of our services in any manner, you expressly agree to comply with and be bound by these Terms. This Agreement applies to all visitors, users, customers, and others who access or use our services, whether in person, online, through our website, or through any other means of communication.

These Terms are entered into as of the date you first access or use our Website or services. If you are accessing our Website or services on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and in that case, "you" and "your" shall refer to that entity.

Your continued use of the Website or services following any modifications to these Terms shall constitute your acceptance of such changes. We encourage you to review these Terms periodically to remain informed of any updates.

2. Description of Services

Costa Vida is a food service establishment dedicated to providing high-quality, fresh, and flavorful food and beverages to our customers. Our services include, but are not limited to, the following:

• Dine-In Services: Customers may visit our physical location(s) to enjoy meals and beverages in a welcoming café-style environment.
• Takeout and Carry-Out Orders: Customers may place orders for food and beverages to be picked up at our establishment.
• Online Ordering: Through our Website, customers may place advance orders for pickup or, where available, delivery of food and beverage items.
• Delivery Services: Where available in select service areas, Costa Vida may offer delivery of food orders through our own delivery personnel or through third-party delivery platforms.
• Catering Services: We may offer catering options for events, corporate functions, and private gatherings, subject to availability and advance scheduling.
• Promotional Programs: From time to time, we may offer loyalty programs, discount programs, special promotions, or other incentive-based offerings.
• Informational Content: Our Website provides information about our menu, locations, hours of operation, nutritional information (to the extent available), and other relevant business information.

Costa Vida reserves the right to modify, suspend, or discontinue any service or feature at any time, with or without notice, and without liability to you. We may also impose limits on certain services or restrict access to parts of our Website without notice or liability.

Menu items, prices, availability, and service hours are subject to change without prior notice. Not all menu items or services may be available at all locations or at all times. We reserve the right to refuse service to any customer for lawful reasons, including but not limited to, violation of these Terms or applicable law.

3. Eligibility and User Obligations

3.1 Eligibility

You must be at least thirteen (13) years of age to use our Website. By using our Website or services, you represent and warrant that you meet this minimum age requirement. Customers wishing to purchase items restricted to individuals of legal drinking age (21 years or older) must provide valid government-issued identification upon request. We reserve the right to refuse service to any individual who cannot verify their age where required by law.

3.2 Account Registration

If our Website offers account registration or online ordering functionality, you agree to provide accurate, current, and complete information during the registration process and to keep such information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security at [email protected].

3.3 User Obligations

As a user of our Website and services, you agree to:

• Use our Website and services only for lawful purposes and in accordance with these Terms.
• Provide accurate, truthful, and complete information when placing orders, registering accounts, or communicating with us.
• Pay for all orders and services rendered at the prices listed at the time of your purchase.
• Treat our staff and other customers with respect and dignity at all times.
• Comply with all applicable federal, state, and local laws and regulations when using our services.
• Not engage in any conduct that disrupts, damages, or interferes with the proper functioning of our Website or business operations.

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our Website or services:

• Unauthorized Access: Attempting to gain unauthorized access to any portion of our Website, servers, networks, or databases connected to our Website.
• Malicious Code: Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, or any other harmful or disruptive code or software.
• Data Scraping: Using automated tools, bots, scrapers, spiders, or other means to extract data from our Website without our prior written consent.
• Fraudulent Activity: Engaging in fraudulent transactions, chargebacks, or payment disputes in bad faith, or impersonating any person or entity.
• Harassment: Harassing, threatening, intimidating, abusing, or defaming any individual, including our staff, management, or other customers.
• Intellectual Property Infringement: Reproducing, copying, modifying, distributing, selling, or creating derivative works from our proprietary content without authorization.
• Interference: Interfering with or disrupting the integrity, performance, or security of our Website, servers, or associated infrastructure.
• False Reviews or Ratings: Submitting false, misleading, or fabricated reviews, ratings, or testimonials about our products or services.
• Unlawful Use: Using our services for any unlawful purpose, including but not limited to, money laundering, fraud, or any other criminal activity.
• Resale Without Authorization: Purchasing our food or products for the purpose of unauthorized resale or commercial redistribution without our express written consent.
• Spam or Unsolicited Communications: Using our contact information or platforms to send unsolicited communications, spam, or bulk messages.

Violation of any of the above prohibited activities may result in the immediate termination of your access to our Website and services, and may subject you to civil or criminal liability under applicable law.

5. Intellectual Property Rights

All content on the Website, including but not limited to, text, graphics, logos, photographs, images, audio and video clips, digital downloads, data compilations, software, and all other material (collectively, "Content"), is the exclusive property of Costa Vida or its licensors and is protected by United States copyright, trademark, trade dress, patent, and other intellectual property laws.

The Costa Vida name, logo, trade dress, slogans, and all associated marks are trademarks or service marks of Costa Vida. You are expressly prohibited from using, reproducing, displaying, or otherwise exploiting any of our trademarks or service marks without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with our services. This license does not include the right to:

• Modify or copy our materials;
• Use any materials for any commercial purpose;
• Remove any copyright, trademark, or other proprietary notices from our materials;
• Transfer our materials to another person or "mirror" our materials on any other server;
• Use any data mining, robots, or similar data gathering and extraction tools on our Website.

Any unauthorized use of our intellectual property will constitute an infringement of our rights and may result in legal action. If you believe that any content on our Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

6. Payment Terms and Pricing

6.1 Pricing

All prices displayed on our Website and in our establishment are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change without prior notice. The price applicable to your order will be the price displayed at the time you complete your purchase.

6.2 Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital payment platforms (such as Apple Pay, Google Pay), and cash where applicable. We reserve the right to modify accepted payment methods at any time.

6.3 Order Confirmation

When you place an order through our Website or in person, you will receive a confirmation of your order. This confirmation does not guarantee fulfillment of the order. We reserve the right to cancel or modify any order due to pricing errors, unavailability of items, system errors, or other legitimate business reasons. In the event of a cancellation, you will receive a full refund of any payment made.

6.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final. If you are dissatisfied with your order due to an error on our part, such as receiving the wrong item or a significantly incorrect order, please contact us within a reasonable time of receiving your order, and we will work to address the issue, which may include a replacement, store credit, or refund at our discretion. Refunds, if issued, will be processed using the original payment method and may take five to ten (5–10) business days to appear on your statement, depending on your financial institution.

6.5 Promotions and Discounts

Promotional offers, discount codes, and special pricing are subject to their own terms and conditions and may be subject to expiration dates, usage limits, and other restrictions. Promotional offers cannot be combined unless explicitly stated and have no cash value.

7. Disclaimers and "As-Is" Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE WEBSITE;
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Costa Vida makes no warranties regarding the nutritional content, allergen information, or dietary suitability of any menu item for any specific individual's dietary needs or restrictions. Customers with food allergies, dietary restrictions, or health conditions should exercise caution and consult with our staff before consuming any of our products. We cannot guarantee that our food products are free from any specific allergen due to the nature of food preparation in shared kitchen environments.

Any material downloaded or obtained through the use of our Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of any such material.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE;
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES;
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON OUR WEBSITE;
• ANY DAMAGES RELATED TO THE PURCHASE, USE, OR CONSUMPTION OF OUR FOOD PRODUCTS, EXCEPT AS REQUIRED BY APPLICABLE LAW.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO COSTA VIDA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for consequential or incidental damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any 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 services in any manner not expressly authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or consumer rights;
• Any content or information you submit, post, or transmit through our Website;
• Any misrepresentation made by you in connection with your use of our services;
• Any negligent or wrongful conduct by you in connection with our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, services, or platforms that are not owned or controlled by Costa Vida. These may include third-party delivery platforms, payment processors, social media platforms, or review sites. We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services.

We strongly encourage you to review the terms of service and privacy policies of any third-party websites or services you visit. Your use of any third-party website or service is at your own risk, and Costa Vida shall not be liable for any damages or losses arising from your use of third-party sites or services.

The inclusion of any link on our Website does not imply our endorsement, sponsorship, or recommendation of the linked website or its operators.

11. Privacy and Data Collection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated herein by reference. By using our Website or services, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent applicable, our practices comply with the Federal Trade Commission Act (FTC Act) and other relevant federal and state privacy laws. California residents may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, 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 law, without regard to any conflict of law provisions.

To the extent that any dispute, claim, or controversy is not subject to mandatory arbitration as described in Section 13 below, you irrevocably agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action or proceeding.

These Terms shall be interpreted and enforced in accordance with United States federal law, including applicable consumer protection laws enforced by the Federal Trade Commission (FTC), and the applicable state laws of the jurisdiction in which Costa Vida operates. Nothing in these Terms shall be construed to limit any rights you may have under applicable consumer protection statutes.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving written notice of your claim. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution.

13.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq.

Arbitration shall be administered by a recognized arbitration organization, such as the American Arbitration Association (AAA) or JAMS, in accordance with their applicable rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Further, unless both you and Costa Vida agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

13.4 Exception for Injunctive Relief

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information, without waiving the right to arbitration for all other claims.

14. Term and Termination

These Terms shall remain in full force and effect while you use our Website or services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to our Website and services at any time, with or without cause, and with or without notice;
• Deny service to any individual or entity for any lawful reason, including violation of these Terms;
• Remove or disable any account or user-generated content at any time.

Upon termination of your access to our services, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may discontinue your use of our Website or services at any time. If you wish to close any account you may have created, please contact us at [email protected].

15. Changes to Terms of Service

Costa Vida reserves the right to revise, update, or modify these Terms of Service at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In the case of material changes to these Terms, we may provide additional notice, such as posting a prominent notice on our Website or sending you an email notification where we have your contact information on file.

Your continued use of our Website or services after any changes to these Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue using our Website and services. We encourage you to review these Terms periodically to stay informed of any updates.

It is your responsibility to check this page for any changes. Costa Vida shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

16. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason by a court or arbitrator of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.

No waiver by Costa Vida of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Costa Vida to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on our Website, constitute the entire agreement between you and Costa Vida concerning your use of our Website and services. This Agreement supersedes all prior agreements, understandings, representations, and warranties between you and Costa Vida regarding the subject matter hereof, whether written or oral.

No oral or written information or advice given by Costa Vida or its authorized representatives shall create any warranty not expressly stated in these Terms. If you obtain services from Costa Vida, you may also be subject to additional terms and conditions that apply to such services, which are incorporated by reference herein.

18. Electronic Communications

By using our Website or communicating with us electronically, you consent to receive electronic communications from Costa Vida. These communications may include notices about your account, order confirmations, promotional communications (where you have opted in), and other information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional emails at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or administrative communications related to your orders or account.

19. Force Majeure

Costa Vida shall not be liable for any failure or delay in the performance of our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemics, epidemics, government actions or orders, labor disputes, supply chain disruptions, fire, flood, war, terrorism, cyberattacks, power outages, or other events of force majeure. In such circumstances, our obligations under these Terms shall be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

20. Accessibility

Costa Vida is committed to ensuring that our Website is accessible to all users, including individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA) and applicable accessibility guidelines. If you experience any difficulty accessing our Website or services, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs and provide information or services through alternative means.

21. Contact Information

If you have any questions, concerns, complaints, or feedback regarding these Terms of Service or our services, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries promptly and professionally.

We strive to respond to all inquiries within two (2) to five (5) business days. For urgent matters related to your orders or safety concerns, please contact us directly via email and mark your message as urgent.