Terms of Service

Effective Date: May 17, 2026  |  Last Updated: May 17, 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 eat-costavida.click (the "Website"). By visiting, accessing, browsing, or otherwise using this Website, placing an order, creating an account, or engaging with any of our food and restaurant services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, users, customers, and any other individuals who access or use the Website or services offered through it. If you are using the 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, and the term "you" shall refer to such entity.

We reserve the right to update, modify, or replace any part of these Terms at any time. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

Users must be at least 13 years of age to use this Website. By using the Website, you represent and warrant that you meet this minimum age requirement. If you are under the age of 18, you represent that you have obtained parental or guardian consent to use the Website and agree to these Terms.

2. Description of Services

Costa Vida is a food and restaurant business operating within the United States, providing customers with fresh, high-quality food offerings, including but not limited to burritos, tacos, salads, soups, and other Mexican-inspired menu items ("Products"). Through the Website at eat-costavida.click, we offer a range of digital services designed to enhance your dining experience, including:

• Online Menu Browsing: Users may view our current menu offerings, including descriptions, ingredients, pricing, and nutritional information where available.
• Online Ordering: Customers may place food orders for pickup or delivery (where available) directly through the Website.
• Account Management: Users may create and manage personal accounts to save preferences, view order history, and manage payment methods.
• Loyalty and Rewards Programs: Where applicable, registered users may participate in our loyalty and rewards programs subject to additional terms and conditions.
• Promotional Offers and Coupons: We may offer discounts, promotions, or special offers through the Website from time to time.
• Customer Support: Users may contact us for assistance regarding orders, products, dietary information, or general inquiries.
• Catering and Group Orders: We may provide catering services and large group ordering options subject to availability and additional terms.

We reserve the right to modify, suspend, discontinue, or expand any aspect of our 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 services.

All food items are subject to availability. Menu items, prices, and ingredients may vary by location. We make reasonable efforts to ensure that menu and pricing information displayed on the Website is accurate, but we cannot guarantee that such information is free of errors at all times. In the event of a pricing error, we reserve the right to cancel the order and notify you accordingly.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your access to and use of the Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Notify us immediately of any unauthorized use of your account or any other breach of security.
• Use the Website and services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Be solely responsible for all activity that occurs under your account.
• Comply with all applicable laws regarding online conduct, food ordering, and consumer transactions.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any unlawful, fraudulent, or deceptive purpose, including submitting false orders or payment information.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website.
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein.
• Use automated scripts, bots, scrapers, or other automated means to access, query, or interact with the Website without our prior written consent.
• Harvest or collect personally identifiable information about other users without their consent.
• Post, transmit, or distribute any content that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable.
• Introduce viruses, malware, ransomware, or other harmful code into the Website or its systems.
• Attempt to reverse engineer, decompile, or disassemble any software or technology used on the Website.
• Use the Website to transmit unsolicited commercial messages or spam.
• Engage in any activity that could damage, disable, overburden, or impair the Website's servers or networks.
• Abuse, misuse, or attempt to circumvent our promotions, loyalty programs, or discount codes.
• Resell or commercially exploit any content obtained from the Website without our express written permission.

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

4. Intellectual Property Rights

All content, materials, and information available on the Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, data compilations, software, and the overall design and arrangement of the Website ("Content"), are the exclusive property of Costa Vida or its licensors and are protected by applicable United States intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights laws.

The Costa Vida name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Costa Vida. You may not use any of these marks without our prior written permission. All other trademarks, service marks, and trade names referenced 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 for your personal, non-commercial purposes in accordance with these Terms. This license does not include:

• Any resale or commercial use of the Website or its Content.
• Any collection and use of product listings, descriptions, or pricing for commercial purposes.
• Any derivative use of the Website or its Content.
• Any downloading or copying of account information for the benefit of another merchant.
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Website's Content or intellectual property automatically terminates the permission or license granted by Costa Vida. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website, except as allowed under these Terms.

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

5. Payment Terms

When you place an order through the Website, you agree to pay all applicable fees and charges, including the price of the food items, applicable taxes, delivery fees (if any), and any other charges as described at the time of checkout. All prices are listed in United States Dollars (USD).

By providing 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 authorize us to charge the specified amount to your payment method for the order placed.

We accept major credit and debit cards and other payment methods as specified at checkout. All payment transactions are processed through secure third-party payment processors, and we do not store your full payment card information on our servers.

All sales are final unless otherwise required by applicable law. In the event of an issue with your order (such as missing or incorrect items), please contact us as soon as possible at [email protected], and we will work to resolve the issue in a commercially reasonable manner. Refunds, if applicable, will be issued at our sole discretion.

We reserve the right to refuse or cancel any order for reasons including but not limited to suspected fraud, inaccurate information, or unavailability of items. If we cancel your order after payment has been processed, we will issue a full refund to your original payment method.

Applicable federal, state, and local sales taxes will be added to your order total as required by law. You are solely responsible for all taxes applicable to your purchase.

6. Disclaimers

6.1 "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE 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.

We do not warrant that: (a) the Website will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Website will be accurate or reliable; (c) any errors in the Website will be corrected; or (d) the Website or the servers that make it available are free of viruses or other harmful components.

6.2 Food and Allergen Disclaimer

While we make reasonable efforts to provide accurate information regarding ingredients, allergens, and nutritional content, we cannot guarantee that all information is complete, accurate, or up-to-date at all times. Menu items and their ingredients may change without notice. Our food products are prepared in facilities that may handle common allergens including but not limited to gluten, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish. If you have food allergies, dietary restrictions, or specific health concerns, we strongly encourage you to contact us directly before placing an order. Costa Vida shall not be liable for any allergic reactions, adverse health effects, or dietary concerns arising from the consumption of our products.

6.3 Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources. These links are provided for your convenience only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Accessing any third-party websites linked from our Website is done at your own risk.

7. Limitation of Liability

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

• Your access to or use of (or inability to access or use) the Website or 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 food products ordered through the Website;
• Any errors or omissions in the Website's content or functionality;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COSTA VIDA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS WHERE LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

IN ANY EVENT, COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers 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 a manner not authorized by these Terms;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or publicity rights;
• Your violation of any applicable federal, state, or local laws or regulations;
• Any content you submit, post, or transmit through the Website;
• Any fraudulent, negligent, or willful misconduct by you;
• Any misrepresentation made by you in connection with your use of the Website.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Costa Vida operates, without regard to any conflict of law provisions.

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 in the United States. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such action or proceeding.

These Terms are further subject to the requirements and protections afforded by applicable United States federal law, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) as it pertains to unfair or deceptive acts and practices in commerce, and, where applicable, the California Consumer Privacy Act/California Privacy Rights Act (CCPA/CPRA) for California residents.

Nothing in these Terms shall limit your rights as a consumer under applicable local, state, or federal laws, including any mandatory consumer protection provisions that cannot be waived by contract.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Website ("Dispute") informally by contacting us at [email protected]. We will attempt to resolve the Dispute informally by contacting you within thirty (30) days of receipt of your notice. If a Dispute is not resolved within sixty (60) days of the informal notice, either party may pursue formal dispute resolution as set forth below.

10.2 Binding Arbitration

Except for claims that qualify for small claims court, you and Costa Vida agree that any Dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as then in effect. 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.

You understand that by agreeing to arbitration, you and Costa Vida are waiving the right to a trial by jury. You also agree that any arbitration shall be conducted on an individual basis and not as a class, collective, or representative action. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Claims that are within the jurisdiction of a small claims court may be brought in that court.

10.4 Time Limitation on Claims

You agree that any claim or cause of action arising out of or related to these Terms or your use of the Website must be filed within one (1) year after such claim or cause of action arose; otherwise, such claim or cause of action is permanently barred, to the fullest extent permitted by applicable law.

11. Term and Termination

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

• Suspend or terminate your access to the Website or services at any time, with or without cause, and with or without notice;
• Delete or deactivate your account and all associated information and files in your account;
• Bar you from further use of the Website or services.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to access and use the Website and services will immediately cease.

Upon termination of your access, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, intellectual property rights, dispute resolution provisions, and governing law.

We shall not be liable to you or any third party for any termination of your access to the Website or services.

12. Changes to Terms

We reserve the right to modify, amend, update, or replace these Terms of Service at any time at our sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. In the event of material changes, we may also provide additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notice on the Website.

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

We will endeavor to provide at least fourteen (14) days' advance notice of any material changes to these Terms. However, changes required by applicable law or made to address security issues may take effect immediately.

13. User-Generated Content

If you submit, post, or transmit any content to the Website, including but not limited to reviews, comments, feedback, suggestions, photographs, or other materials ("User Content"), you grant Costa Vida a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that: (a) you own or control all rights to the User Content you post; (b) the User Content is accurate and not misleading; (c) the User Content does not violate these Terms or any applicable law; and (d) the User Content does not infringe any intellectual property, privacy, or other rights of any third party.

We reserve the right to remove any User Content at any time, for any reason, without notice. We do not assume any obligation to monitor User Content posted to the Website.

14. Privacy and Data Protection

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

For users who are California residents, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which provide you with specific rights regarding your personal information, including the right to know, the right to delete, the right to opt-out of the sale of personal information, and the right to non-discrimination. For more information, please refer to our Privacy Policy or contact us at [email protected].

All users of our Website are protected by the consumer protection provisions of the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce, including deceptive data practices.

15. Accessibility

Costa Vida is committed to ensuring that our Website is accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and applicable provisions of the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our Website or require accommodations, please contact us at [email protected].

16. Electronic Communications

By using the Website or communicating with us via email, you consent to receive electronic communications from us. 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 receiving promotional emails at any time by following the unsubscribe instructions contained in any such email or by contacting us directly.

17. Force Majeure

Costa Vida shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, civil unrest, terrorism, labor disputes, power outages, internet disruptions, or any other force majeure event. In such cases, our obligations under these Terms shall be suspended for the duration of the force majeure event, and we will make reasonable efforts to notify you of any significant impact on our services.

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of the severed provision.

The invalidity or unenforceability of any provision in any particular jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid provision that achieves, to the greatest extent possible, the same commercial, economic, and legal effect as the provision being replaced.

19. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements 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 services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver by Costa Vida of any default shall not constitute a waiver of any subsequent default. No waiver shall be effective unless made in writing and signed by an authorized representative of Costa Vida.

20. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Costa Vida may freely assign or transfer these Terms, or any of its rights or obligations hereunder, to any affiliate, subsidiary, or in connection with a merger, acquisition, sale of assets, or operation of law, without restriction or notice to you. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

21. Contact Information

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

We will make reasonable efforts to respond to all inquiries within five (5) to seven (7) business days. For urgent matters related to order issues or food safety concerns, please indicate the urgency in your message subject line so that we may prioritize your inquiry accordingly.

These Terms of Service were last updated on May 17, 2026. Costa Vida reserves all rights not expressly granted in these Terms.