Terms of Service

Effective Date: May 22, 2026  |  Last Updated: May 22, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," or "you") and Costa Vida ("Company," "we," "us," or "our"), the owner and operator of the website located at food-costavida.digital (the "Website"). By visiting, browsing, registering, or otherwise using this Website or any services provided through it, you expressly accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using this Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" shall refer to that entity.

These Terms apply to all visitors, users, customers, and any other persons who access or use the services made available through our Website. Your continued use of the Website following any modifications to these Terms shall constitute your acceptance of such changes.

Users must be at least 13 years of age to use this Website. If you are under the age of 18, you must have the consent of a parent or legal guardian to use our services. We do not knowingly collect personal information from children under 13 years of age in violation of the Children's Online Privacy Protection Act (COPPA).

2. Description of Services

Costa Vida is a food service company operating in the United States. Through our Website at food-costavida.digital, we offer a range of services including, but not limited to:

• Online display of our food menu, including ingredients, pricing, and nutritional information
• Online food ordering and delivery or pickup arrangement services
• Information about our restaurant locations, hours of operation, and contact details
• Loyalty and rewards program enrollment and management
• Gift card purchases and redemption
• Catering inquiry and booking services
• Promotional offers, coupons, and discount information
• Customer support and feedback submission
• Newsletter and marketing communication subscriptions

We reserve the right to modify, suspend, discontinue, or restrict access to any portion of our services at any time, with or without notice, for any reason, including but not limited to system maintenance, updates, or business decisions. Costa Vida shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

The availability of menu items may vary by location, season, and supply. We do not guarantee that any specific food item will be available at any given time. Menu prices are subject to change without prior notice, and such changes will be reflected on our Website as soon as reasonably practicable.

Costa Vida makes reasonable efforts to ensure that information displayed on the Website, including menu descriptions, allergen information, and nutritional content, is accurate and up to date. However, we cannot guarantee complete accuracy at all times. Customers with dietary restrictions or food allergies are strongly encouraged to consult with our staff directly before placing an order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of 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 be responsible for all activities that occur under your account
• Promptly notify us of any unauthorized use of your account or security breach
• Comply with all applicable local, state, and federal laws and regulations when using our Website
• Use the Website only for lawful purposes and in accordance with these Terms
• Respect the intellectual property rights of Costa Vida and third parties
• Keep your contact and payment information accurate and up to date

3.2 Prohibited Activities

You are strictly prohibited from engaging in any of the following activities while using our Website:

• Using the Website for any unlawful purpose or in violation of any federal, state, or local laws or regulations
• Attempting to gain unauthorized access to any portion of the Website, server, or network connected to the Website
• Engaging in any form of data mining, scraping, crawling, or systematic extraction of data from the Website without prior written consent
• Transmitting any viruses, malware, spyware, or any other malicious or harmful code
• Using any automated systems, bots, or scripts to access, interact with, or place orders on the Website
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity
• Submitting false, fraudulent, or misleading information in connection with orders, accounts, or reviews
• Harassing, threatening, defaming, or otherwise harming Costa Vida employees, affiliates, or other users
• Attempting to reverse engineer, decompile, or disassemble any software used on the Website
• Using the Website to send unsolicited commercial communications (spam)
• Reproducing, duplicating, copying, selling, or exploiting any portion of the Website for commercial purposes without written authorization
• Engaging in any activity that could damage, disable, overburden, or impair the Website or its servers
• Collecting or storing personal information about other users without their express consent
• Placing fraudulent orders, chargebacks, or engaging in any form of payment fraud

Costa Vida reserves the right to investigate suspected violations of these Terms and to take appropriate legal action, including, without limitation, terminating your access to the Website, reporting you to law enforcement authorities, and seeking civil or criminal remedies to the fullest extent permitted by law.

4. Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall design and compilation of the Website (collectively, the "Content"), is the exclusive property of Costa Vida or its content suppliers and is protected under applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, trade secret law, and other applicable laws.

The Costa Vida name, logo, brand marks, and all related names, logos, product and service names, designs, and slogans are registered or common law trademarks of Costa Vida. You may not use such marks without the prior written consent of Costa Vida. All other trademarks, service marks, and trade names appearing on the Website are the property of their respective owners.

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

• Download or copy account information for the benefit of any third party
• Modify or create derivative works based on the Content
• Use the Content for any commercial purpose or for any public display
• Remove any copyright, trademark, or other proprietary notices from any Content
• Frame or mirror any part of this Website without our prior written consent

Any unauthorized use of our Content or intellectual property may result in civil and/or criminal penalties under applicable United States laws and international treaties. Costa Vida actively monitors and enforces its intellectual property rights.

If you submit any feedback, suggestions, ideas, comments, or other communications regarding our services ("User Content"), you grant Costa Vida a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, publish, and distribute such User Content for any purpose. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe any third-party rights.

5. Payment Terms

When you place an order or make a purchase through our Website, you agree to pay all applicable charges, including the price of food items, applicable taxes, delivery fees, service charges, and any other fees associated with your order. All prices are listed in United States Dollars (USD).

By submitting payment information, you represent and warrant that: (a) you are authorized to use the payment method provided; (b) the payment information you provide is accurate and complete; and (c) you will notify us promptly of any changes to your payment information.

Costa Vida uses third-party payment processors to handle transactions. By making a payment through our Website, you agree to comply with the terms and conditions of the applicable payment processor. We do not store full credit card numbers or sensitive financial information on our servers.

All sales are subject to applicable sales tax as required by federal, state, and local tax laws. The applicable tax rate will be calculated based on the delivery or pickup location of your order.

5.1 Refunds and Cancellations

Orders placed through our Website may be cancelled within a limited time frame as specified during the ordering process. Once an order has been confirmed and preparation has begun, cancellations may not be accepted. Refund eligibility will be determined on a case-by-case basis in accordance with our Refund Policy.

If you believe you have been incorrectly charged or have received a defective or incorrect order, please contact us at [email protected] within 24 hours of receiving your order. We will review your claim and, at our sole discretion, issue a refund, replacement, or store credit.

Promotional codes, coupons, and discounts are subject to their own terms and conditions. They may not be combined with other offers unless expressly stated, and are non-transferable and have no cash value.

6. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Costa Vida does not warrant that:

• The Website will be available, uninterrupted, secure, or error-free at all times
• The results obtained from using the Website will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Website will meet your expectations
• Any errors or defects in the Website will be corrected
• The Website is free of viruses or other harmful components

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, the warranties are limited to the minimum scope and shortest duration permitted by applicable law.

Costa Vida does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Website or any linked website. We are not a party to, and will not be responsible for monitoring, any transaction between you and third-party providers of products or services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your use of, or inability to use, the Website or our services
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorized access, use, or alteration of your transmissions or content
• Any errors, mistakes, or inaccuracies in any content on the Website
• Personal injury or property damage arising from your use of our services
• Any bugs, viruses, or other harmful code transmitted through the Website by any third party
• Delays or failures in performance resulting from causes beyond our reasonable control

IN ANY CASE, THE AGGREGATE LIABILITY OF COSTA VIDA FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this Section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if Costa Vida has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain types of liability, so some of the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors, contractors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, lawsuits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Website or services
• Your violation of these Terms of Service
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights
• Any content you submit, post, or transmit through the Website
• Your negligence, fraud, or willful misconduct
• Your use of any third-party services accessed through the Website

Costa Vida reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims. You agree not to settle any matter without the prior written consent of Costa Vida.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Website.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the use of our Website shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Costa Vida is domiciled, without regard to its conflict of law principles.

For users located in the United States, additional federal laws may apply, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts or practices, the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.), and other applicable federal consumer protection statutes.

For users located in the State of California, additional rights and protections under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), may apply. Please refer to our Privacy Policy for more information regarding your California privacy rights.

Subject to the Dispute Resolution provisions set forth in Section 10 below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to the exercise of jurisdiction over you by such courts or the laying of venue in such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Costa Vida and attempt to resolve the dispute informally by sending a written notice to [email protected] describing the nature of the dispute and the relief you are seeking. Costa Vida will attempt to resolve the dispute within thirty (30) calendar days of receiving your notice. If the parties are unable to resolve the dispute informally within that period, either party may proceed with the formal dispute resolution procedures set forth below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, the breach thereof, or the use of our Website or services, shall be resolved by final, binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in the English language, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

The arbitrator shall have the authority to grant any remedy that would be available in a court of law. The arbitrator's decision shall be final and binding on both parties. The costs of arbitration, including administrative and arbitrator fees, shall be governed by the AAA's rules.

10.3 Class Action Waiver

YOU AND COSTA VIDA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and Costa Vida each waive any right to a jury trial and agree that such claim shall be brought and decided solely by a judge.

10.4 Exceptions

Notwithstanding the above, 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.

11. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Website or services. Costa Vida reserves the right, in its sole discretion, to suspend or terminate your access to the Website, your account, and/or all or part of our services at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms
• Conduct that Costa Vida believes is harmful to other users, third parties, or Costa Vida's business interests
• Requests by law enforcement or government authorities
• Extended periods of inactivity on your account
• Technical, security, or operational reasons
• Discontinuation of our services or any part thereof

Upon termination of your account or access to the Website: (a) all rights and licenses granted to you under these Terms will immediately terminate; (b) you must immediately cease all use of the Website; and (c) you must destroy any copies of Website content in your possession. Termination will not limit any of Costa Vida's rights or remedies at law or in equity.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations to pay outstanding charges or fees accrued prior to termination.

Sections of these Terms that by their nature should survive termination shall survive, including without limitation the provisions relating to intellectual property rights, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

12. Changes to Terms of Service

Costa Vida reserves the right to modify, update, or revise these Terms of Service 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
• Posting a prominent notice on our Website
• Sending an email notification to registered users at the email address on file, where required by applicable law

Your continued use of the Website following the posting of revised Terms constitutes your acceptance of the changes. We encourage you to periodically review these Terms to stay informed of any updates. If you do not agree with the revised Terms, you must stop using the Website and, if applicable, deactivate your account.

Changes to these Terms will not apply retroactively to disputes arising before the effective date of the updated Terms, unless otherwise agreed in writing by both parties.

13. 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. These links are provided for your convenience and informational purposes only. Costa Vida does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

When you click on third-party links, you are leaving our Website and your use of such third-party websites is subject to their respective terms of service and privacy policies. We strongly encourage you to review those policies before interacting with any third-party services.

Costa Vida shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party content, goods, or services available on or through such websites or services.

14. Privacy and Data Protection

Costa Vida values your privacy and is committed to protecting your personal information in accordance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA/CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive data practices. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Website, you consent to the collection and use of your information as described in our Privacy Policy. If you are a California resident, you may have additional rights regarding your personal information, including the right to know, delete, opt-out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights.

15. Accessibility

Costa Vida is committed to ensuring digital accessibility for people with disabilities. We strive to continually improve the user experience for everyone and apply relevant accessibility standards. If you experience any difficulty accessing any part of our Website or services, please contact us at [email protected] so that we may assist you and work to address any accessibility barriers.

16. Entire Agreement

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

No waiver by Costa Vida 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, 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. Severability

If any provision, clause, or portion of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, unenforceable, or in conflict with any applicable law or regulation, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be severed from these Terms.

The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The parties intend for the remaining provisions of these Terms to be enforced to the fullest extent permitted by applicable law, and they hereby consent to and request the court or arbitrator to so modify or sever the offending provision accordingly.

In the event that the class action waiver in Section 10.3 is found unenforceable with respect to a particular claim or dispute, then that claim or dispute shall be resolved in court and not in arbitration, but all other provisions of the Dispute Resolution section shall remain in full force and effect.

18. Force Majeure

Costa Vida shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot, other civil unrest, national emergency, revolution, epidemic, pandemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers.

19. Electronic Communications

By using our Website and providing your email address, you consent to receive electronic communications from Costa Vida. These communications may include notices about your account, orders, promotions, and other information related to our services. You agree that any notices, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service or our services, please contact us using the following information:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety or allergic reactions, please contact your local emergency services immediately.