Terms of Service

Effective Date: July 2, 2026  |  Last Updated: July 2, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), governing your access to and use of the website costavidago.click and all related content, features, functionality, and services offered through or in connection with the website (collectively, the "Services").

By accessing the website, placing an order, creating an account, clicking "I Agree," or otherwise engaging with our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, registered users, customers, and anyone else who accesses or uses the Services.

If you are using the Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and by accepting these Terms, you are doing so on behalf of that entity. In such case, "you" and "your" will refer to that entity.

These Terms are effective as of the date first listed above and shall remain in effect until terminated in accordance with the provisions set forth herein.

2. Description of Services

Costa Vida is a food service business operating in the United States. Through our website at costavidago.click, we offer a variety of food-related services, which may include but are not limited to:

• Online food ordering for pickup or delivery
• Menu browsing and nutritional information
• Catering inquiries and reservations
• Loyalty and rewards program participation
• Promotional offers, coupons, and discount programs
• Account creation and profile management
• Customer feedback and review submission
• Gift card purchases and redemptions
• Newsletter subscriptions and marketing communications
• General informational content about our food offerings and company

We reserve the right to modify, suspend, discontinue, or expand 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 or any part thereof.

Our food products are subject to availability and may vary by location. Menu items, prices, and ingredients are subject to change without prior notice. Images of food items on our website are for illustrative purposes only and may not exactly represent the final product served.

3. Eligibility

To use our Services, you must be at least thirteen (13) years of age. If you are under eighteen (18) years of age, you may only use our Services with the involvement, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms. By using our Services, you represent and warrant that you meet the eligibility requirements set forth in this section.

Our Services are intended for individuals located within the United States. If you are accessing our Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws and regulations that may apply to you.

4. User Accounts and Registration

Certain features of our Services may require you to create a user account. When registering for an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. We will not be liable for any losses resulting from unauthorized use of your account, and you may be held liable for losses incurred by us or others due to such unauthorized use.

We reserve the right to suspend or terminate your account at any time, for any reason, including but not limited to a violation of these Terms, at our sole discretion and without prior notice.

5. User Obligations and Prohibited Activities

By using our Services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to those of the United States and the state in which you are located. You agree to use our Services only for lawful purposes and in a manner consistent with these Terms.

5.1 General Obligations

You agree to:

• Provide truthful, accurate, and complete information when interacting with our Services
• Maintain the security and confidentiality of your account credentials
• Promptly notify us of any unauthorized access to your account
• Comply with all applicable food safety and public health guidelines when collecting orders
• Pay all applicable fees and charges in a timely manner

5.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation
• Post, transmit, or distribute any content that is defamatory, obscene, harassing, threatening, abusive, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Engage in any form of unauthorized data collection, including scraping, crawling, or harvesting information from our website
• Attempt to gain unauthorized access to any portion of our Services, other user accounts, or our underlying computer systems or networks
• Introduce any viruses, malware, ransomware, Trojan horses, worms, or other harmful or disruptive code into our systems
• Use automated tools, bots, scripts, or any other means to access or interact with our Services in a manner that could damage, disable, overburden, or impair our servers or networks
• Use our Services to send unsolicited communications, spam, chain letters, or other forms of unauthorized advertising
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software associated with our Services
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services without express written permission from us
• Engage in fraudulent transactions, including the use of stolen payment information or submitting false orders
• Circumvent or attempt to circumvent any security or access control measures implemented by us
• Facilitate or encourage any of the above prohibited activities

We reserve the right, at our sole discretion, to investigate and take appropriate action against users who violate these Terms, including but not limited to removing content, terminating accounts, and reporting violations to law enforcement authorities.

6. Online Orders, Payments, and Pricing

6.1 Order Placement

When you place an order through our website, you are making an offer to purchase the selected food items at the stated prices. All orders are subject to acceptance by Costa Vida. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to unavailability of items, errors in pricing or product descriptions, or suspicion of fraudulent activity.

6.2 Pricing and Taxes

All prices displayed on our website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax or delivery fees, which will be calculated and displayed at checkout. You are responsible for paying all applicable federal, state, and local taxes associated with your purchase.

6.3 Payment Methods

We accept various payment methods as indicated at checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the payment information provided is accurate and complete. We use industry-standard encryption and security measures to protect your payment information; however, we are not responsible for unauthorized access to your payment information beyond our reasonable control.

6.4 Refunds and Cancellations

Our refund and cancellation policies are subject to the specific circumstances of each transaction. If you are dissatisfied with your order or experience a problem, please contact us promptly at [email protected]. We will review your request and, where appropriate, offer a refund, replacement, or store credit at our sole discretion. All requests for refunds must be made within a reasonable time after the issue arises.

6.5 Promotional Offers and Discounts

Promotional offers, discount codes, and coupons are subject to their own specific terms and conditions, which will be communicated at the time of the offer. These promotions may not be combined unless expressly stated, and we reserve the right to modify or terminate any promotional offer at any time without notice.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The website costavidago.click and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio and video clips, digital downloads, data compilations, software, and the design, selection, and arrangement of all such materials — are the exclusive property of Costa Vida or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Costa Vida name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Costa Vida or its affiliates. You may not use such marks without our prior written permission. All other names, logos, and marks appearing on our website are the trademarks of their respective owners.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the content provided therein solely for your personal, non-commercial purposes. This license does not include any right to:

• Modify or create derivative works based on the Services or their content
• Publicly display, perform, or distribute any content from the Services
• Use any data mining, robots, or similar data gathering or extraction methods
• Download or copy account information for the benefit of any third party
• Use our Services in any manner that could damage, disable, overburden, or impair the Services

7.3 User-Submitted Content

If you submit, post, or otherwise provide any content to us — including reviews, feedback, suggestions, photographs, or other materials ("User Content") — you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party intellectual property rights.

8. Food Allergies and Dietary Information

Costa Vida strives to provide accurate information about the ingredients and allergens present in our food products. However, we cannot guarantee that any of our food items are completely free from allergens, as our food is prepared in facilities that may handle common allergens including but not limited to nuts, gluten, dairy, eggs, shellfish, and soy.

We are not liable for any adverse reactions, illness, or injury resulting from the consumption of our food products by individuals with known or unknown food allergies or dietary restrictions, to the extent permitted by applicable law.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON OUR WEBSITE
• WARRANTIES THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED
• WARRANTIES REGARDING THE QUALITY, SAFETY, ACCURACY, OR SUITABILITY OF ANY FOOD PRODUCTS DESCRIBED OR OFFERED THROUGH OUR WEBSITE

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

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS
• LOSS OF DATA OR INFORMATION
• LOSS OF GOODWILL
• BUSINESS INTERRUPTION
• PERSONAL INJURY OR PROPERTY DAMAGE
• ANY OTHER PECUNIARY OR NON-PECUNIARY LOSSES

THESE LIMITATIONS APPLY WHETHER ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you. Nothing in these Terms limits our liability for fraud, gross negligence, or willful misconduct, or for any other liability that cannot be excluded or limited under applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, agents, contractors, 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
• Your use of the Services, including any actions taken through your account
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or proprietary rights
• Any content you submit, post, or transmit through our Services
• Your violation of any applicable federal, state, or local law or regulation
• Any misrepresentation made by you in connection with your use of the Services

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter without our prior written consent.

12. Third-Party Links and Services

Our website may contain links to third-party websites, platforms, or services that are not owned or controlled by Costa Vida. These links are provided solely for your convenience and informational purposes. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or any information, products, or services found on such sites. If you access any third-party website through a link on our website, you do so at your own risk. We encourage you to read the terms and conditions and privacy policies of any third-party websites you visit.

13. Privacy and Data Protection

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

To the extent our Services are accessed by residents of California, we comply with the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). California residents have specific rights regarding their personal information, as further described in our Privacy Policy.

Our practices are also guided by the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce. We are committed to transparent and fair information practices in all our operations.

14. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Costa Vida is registered and operating, without regard to its conflict of law principles.

Subject to the arbitration provisions set forth below, you consent to the exclusive jurisdiction of the federal and state courts located in the applicable United States jurisdiction for the resolution of any disputes not subject to arbitration. You waive any objection to the laying of venue of any such proceeding in such courts and waive any objection that such courts are an inconvenient forum.

These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting us at [email protected] with a written description of the dispute. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that time period, either party may proceed with the formal dispute resolution processes described below.

15.2 Binding Arbitration

EXCEPT AS PROVIDED IN SECTION 15.4 BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. This includes disputes arising out of or relating to the interpretation, formation, performance, or breach of these Terms, and all other aspects of your relationship with us.

Arbitration shall be conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), as modified by these Terms. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

15.4 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 a party's intellectual property rights, confidential information, or other proprietary rights.

15.5 Time Limitation

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.

16. Term and Termination

16.1 Term

These Terms shall remain in full force and effect for as long as you use our Services or maintain an account with us, whichever is longer.

16.2 Termination by You

You may terminate these Terms at any time by ceasing to use our Services and, if applicable, by deactivating or requesting the deletion of your account by contacting us at [email protected].

16.3 Termination by Us

We reserve the right to suspend or terminate your access to the Services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our policies
• Fraudulent, illegal, or abusive behavior
• Failure to pay any amounts due
• Requests by law enforcement or government authorities
• Discontinuation of the Services
• Technical or security concerns

16.4 Effect of Termination

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

17. Changes to These Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the top of this page and, where appropriate, by providing additional notice such as a notification on our website or by sending an email to the address associated with your account.

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

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

If such modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the website, constitute the entire agreement between you and Costa Vida with respect to your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties — both written and oral — with respect to the Services.

No waiver by us of any term or condition set forth 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. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Force Majeure

We shall not be held liable or responsible for any failure or delay in performance of our obligations under these Terms to the extent such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or orders, strikes or labor disputes, war, terrorism, civil unrest, power outages, internet disruptions, or supply chain failures. In such circumstances, we will make reasonable efforts to resume performance as soon as practicable.

21. Electronic Communications

By using our Services or communicating with us electronically, you consent to receive electronic communications from us, including notices, disclosures, 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, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state electronic transactions laws.

22. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment without such consent shall be null and void. We may freely assign or transfer these Terms or any of our rights or obligations hereunder without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of our assets.

23. No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Costa Vida and do not create any third-party beneficiary rights. Nothing in these Terms shall be construed to give any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

24. Notices

All notices, requests, demands, and other communications required or permitted under these Terms shall be in writing and deemed duly given when delivered by email to the addresses specified herein. Notices to us shall be sent to the contact information provided in Section 25 below. Notices to you shall be sent to the email address associated with your account or such other address as you may designate in writing.

25. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

We will make every effort to respond to your inquiry within a reasonable timeframe. For legal correspondence, we recommend sending communications via email to ensure timely receipt and proper documentation.