Terms of Service

Effective Date: June 21, 2026  |  Last Updated: June 21, 2026

1. Acceptance of Terms

Welcome to Costa Vida ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") govern your access to and use of the Costa Vida website located at costavida-cafe.click (the "Website"), as well as all related services, features, content, and applications offered by Costa Vida in connection with our food service operations (collectively, the "Services").

By visiting our Website, creating an account, placing an online order, subscribing to our newsletter, or otherwise interacting with our Services, you ("User," "Customer," or "you") agree to be legally bound by these Terms. Your continued use of the Website or Services constitutes your ongoing acceptance of these Terms and any future modifications thereto.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use the Services. If you are using the Services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" shall refer to such entity.

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, to use our Services. By using our Services, you represent and warrant that you meet this age requirement. We reserve the right to request proof of age at any time.

2. Description of Services

Costa Vida is a food service establishment dedicated to providing customers with high-quality food and beverage products. Our Services include, but are not limited to, the following:

• Online Ordering: Customers may place orders for food and beverages through our Website for pickup or delivery, where available.
• Menu Information: We provide detailed information about our menu items, including ingredients, nutritional content (where available), pricing, and allergen information.
• Loyalty Programs: From time to time, we may offer loyalty rewards programs, promotional offers, or discount codes available to registered users.
• Catering Services: We may offer catering services for events, gatherings, and corporate functions subject to separate agreement and availability.
• Customer Account Management: Registered users may manage their account details, order history, saved preferences, and payment information through our Website.
• Newsletter and Communications: With your consent, we may send promotional emails, updates about new menu items, special offers, and other relevant communications.
• Customer Support: We provide customer support services accessible via email at [email protected] to assist with inquiries, complaints, and feedback.

We reserve the right to modify, suspend, discontinue, or restrict access to any portion of our Services at any time, with or without notice, at our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

Certain features or aspects of our Services may be subject to additional terms and conditions, which will be presented to you at the time you access those features. Such additional terms are incorporated into these Terms by reference.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Services, 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 promptly notify us of any unauthorized access or security breach.
• Keep your account information up to date, including billing and delivery address information.
• Use the Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services.
• Be responsible for all activity that occurs under your account, whether or not authorized by you.
• Treat Costa Vida employees, contractors, and other customers with respect and courtesy in all communications.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or Services for any fraudulent, deceptive, or unlawful purpose, including submitting false orders or chargebacks without legitimate cause.
• Impersonate any person or entity, or falsely represent 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.
• Use automated scripts, bots, scrapers, crawlers, or other automated means to access or collect data from the Website without our express written permission.
• Introduce viruses, malware, ransomware, Trojan horses, or other malicious code to the Website or our systems.
• Engage in any activity that disrupts, damages, or interferes with the proper functioning of the Website or our servers.
• Collect, harvest, or store personal information about other users without their explicit consent.
• Use our Services to send unsolicited commercial communications (spam) to any person.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services for commercial purposes without our prior written consent.
• Post, transmit, or disseminate any content through the Website that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Circumvent, disable, or otherwise interfere with any security-related features of the Website.
• Attempt to reverse engineer, decompile, or disassemble any software or systems underlying our Website.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services.

Violation of these prohibited activities may result in immediate termination of your account and access to our Services, and may expose you to civil or criminal liability under applicable law. We reserve the right to report any suspected unlawful activity to appropriate law enforcement authorities.

4. Intellectual Property Rights

4.1 Ownership

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation and arrangement thereof — are the exclusive property of Costa Vida or our licensors and are protected by United States federal copyright laws, trademark laws, trade secret laws, and other intellectual property laws, as well as applicable international conventions and treaties.

4.2 Trademarks

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 these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

4.3 Limited License to Users

Subject to your compliance with these Terms, Costa Vida grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use. This license does not include the right to:

• Modify or create derivative works based on the Website or its content.
• Use any data mining, robots, or similar data gathering or extraction tools on the Website.
• Download (other than page caching) any portion of the Website, its content, or any information contained therein, except as expressly permitted on the Website.
• Use the Website for any commercial purpose or for any public display (commercial or non-commercial).

4.4 User-Submitted Content

If you submit, post, or otherwise provide any content to us — including reviews, comments, suggestions, feedback, photographs, or other materials ("User Content") — you hereby grant Costa Vida a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform such User Content in any media, format, or platform, in connection with operating and promoting our Services.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the above license, and that your User Content does not infringe upon or violate the rights of any third party. Costa Vida reserves the right to remove any User Content at our sole discretion without notice.

5. Online Ordering and Payment Terms

5.1 Order Placement and Acceptance

When you place an order through our Website, you are making an offer to purchase the selected items at the stated prices. Your order constitutes an offer to us to buy the products and services described. We reserve the right to accept or decline your order for any reason, including but not limited to unavailability of items, errors in pricing, or suspected fraudulent activity. An order is only accepted and a binding contract formed when we send you an order confirmation.

5.2 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to applicable sales tax as required by law. We reserve the right to change prices at any time without prior notice; however, price changes will not affect orders already confirmed. We make every effort to ensure accurate pricing, but in the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price and notify you accordingly.

5.3 Payment Methods

We accept various forms of payment as indicated on our Website at the time of checkout, which may include major credit and debit cards and other payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that all payment information you provide is accurate and complete. You authorize us to charge your selected payment method for the total amount of your order, including applicable taxes and fees.

5.4 Cancellations and Refunds

Due to the perishable nature of food products, cancellation and refund policies are limited. You may request a cancellation within a reasonable time after placing your order, as long as the order has not yet been prepared. Once food preparation has begun, cancellations may not be accepted. If you receive an order that is incorrect, damaged, or otherwise not as described, please contact us promptly at [email protected] and we will work to resolve the issue in accordance with our applicable refund or replacement policy.

5.5 Delivery

Where delivery services are offered, estimated delivery times are provided as a courtesy and are not guaranteed. Delivery availability, fees, and minimum order requirements may vary. We are not responsible for delays caused by circumstances beyond our reasonable control, including but not limited to traffic conditions, weather events, or third-party delivery service issues.

6. Food Allergen and Nutritional Information Disclaimer

Costa Vida makes reasonable efforts to provide accurate menu information, including ingredient lists and allergen information. However, we cannot guarantee that our products are free from any particular allergen, as our food is prepared in facilities that may handle common allergens including nuts, gluten, dairy, soy, eggs, shellfish, and others.

If you have a food allergy, intolerance, or dietary restriction, we strongly encourage you to contact us directly before placing an order to discuss your specific needs. Costa Vida expressly disclaims any liability for allergic reactions or adverse health events resulting from consumption of our products where allergen information was provided to you or was available upon request. It is your responsibility to make informed decisions regarding your dietary choices.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND ANY APPLICABLE STATE LAWS, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT 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, BUSINESS OPPORTUNITIES, 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 transactions conducted through the Website or in connection with our Services.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF COSTA VIDA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO COSTA VIDA IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

8. Disclaimers (As-Is Basis)

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE.
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

Costa Vida does not warrant that defects in the Website will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We do not make any warranty that the quality of any products, services, information, or other material obtained through the Website will meet your expectations.

References to any third-party products, services, processes, or other information by trade name, trademark, manufacturer, or otherwise do not constitute or imply endorsement, sponsorship, or recommendation by Costa Vida.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its respective officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and 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 applicable federal, state, or local law, regulation, or the rights of any third party, including intellectual property rights, privacy rights, or consumer protection laws.
• Any content or information you submit, post, or transmit through the Website.
• Your negligence or willful misconduct.
• Any misrepresentation made by you in connection with your use of the Services.

Costa Vida reserves the right to assume exclusive control of the defense of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with Costa Vida in asserting any available defenses at your expense.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the federal laws of the United States of America and the laws of the state in which Costa Vida is registered and operates, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the applicable state, and you hereby consent to the personal jurisdiction and venue of such courts.

If you are accessing the Services from outside the United States, you do so at your own risk and are responsible for compliance with any applicable local laws. The Services are not directed to persons in any jurisdiction where the provision of the Services would be contrary to applicable law.

These Terms shall be interpreted in accordance with the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, and other applicable federal consumer protection statutes. To the extent you are a California resident, your rights may be subject to additional protections under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and the California Consumer Legal Remedies Act (CLRA).

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Dispute") by contacting Costa Vida directly at [email protected] and providing a written description of the Dispute, the relief sought, and your contact information. The parties agree to attempt informal resolution in good faith for a period of at least thirty (30) calendar days from receipt of such notice before pursuing other remedies.

11.2 Binding Arbitration

If informal resolution is unsuccessful, you and Costa Vida agree that any Dispute shall be resolved exclusively through binding individual arbitration, rather than in court, except for claims that qualify for small claims court. The arbitration shall be conducted by a recognized arbitration organization under its then-current rules, and the arbitrator's decision shall be final and binding.

CLASS ACTION WAIVER: YOU AND COSTA VIDA EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If any court or arbitrator determines that this class action waiver is unenforceable, then the arbitration agreement shall be null and void as to the claim in question.

11.3 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Claims regarding intellectual property infringement or misappropriation are also excluded from mandatory arbitration.

11.4 Time Limitation on Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This limitation does not apply to claims arising under applicable consumer protection statutes that provide for a longer limitations period.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect while you use the Website or Services. They become effective upon your first access to the Website or use of the Services and continue until terminated as provided herein.

12.2 Termination by You

You may terminate your account and cease using our Services at any time by contacting us at [email protected] with a request to close your account. Please note that pending orders at the time of account closure may still be processed and charged.

12.3 Termination by Costa Vida

Costa Vida reserves the right, at its sole discretion, to terminate or suspend your account, access to the Website, or use of the 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 we determine, in our sole discretion, is harmful to other users, our business, or third parties.
• Requests by law enforcement or government authorities.
• Fraudulent, deceptive, or illegal activity.
• Extended periods of account inactivity.
• Technical, security, or operational reasons.

12.4 Effects of Termination

Upon termination of your account or access to the Services for any reason, all rights granted to you under these Terms shall immediately cease. Provisions of these Terms which by their nature should survive termination — including but not limited to intellectual property rights, disclaimer of warranties, indemnification, limitation of liability, and dispute resolution — shall survive termination and continue in full force and effect.

13. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms that are not owned or controlled by Costa Vida. 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 such third-party websites or services.

We strongly advise you to review the terms of service and privacy policy of any third-party website you visit. Your use of third-party websites is at your own risk, and Costa Vida expressly disclaims any liability arising from your use of or reliance on any third-party websites, products, or services.

14. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in accordance with applicable federal and state laws, including but not limited to the California Consumer Privacy Act (CCPA/CPRA) for California residents and the FTC Act for all users. Please review our Privacy Policy carefully before using our Services.

15. Changes to Terms of Service

Costa Vida reserves the right, at its sole discretion, to modify, update, revise, supplement, or otherwise change these Terms of Service at any time. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page.
• Post the revised Terms on the Website with the new effective date.
• Where required by applicable law or deemed appropriate, provide notice of significant changes by email to the address associated with your account or by a prominent notice on the Website.

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

16. Severability

If any provision of these Terms of Service is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or arbitrator for any reason whatsoever, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions of these Terms. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, and if such modification is not possible, it shall be deleted from these Terms entirely. The remaining provisions shall continue in full force and effect and shall be construed to give the maximum permissible effect to the intentions of the parties as reflected in the original Terms.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices 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. These Terms supersede all prior and contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, regarding the subject matter herein.

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. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms shall not be construed to create any partnership, joint venture, employment, or agency relationship between you and Costa Vida.

18. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, civil unrest, war, terrorism, labor disputes, power outages, telecommunications failures, or internet disruptions. In the event of a force majeure event, we will make reasonable efforts to notify you and resume normal operations as soon as practicable.

19. Electronic Communications and Consent

By using our Website or Services, you consent to receive electronic communications from Costa Vida, including notices, disclosures, and other information. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent does not affect your statutory rights under applicable law.

If you have consented to receive marketing communications from us, you may opt out at any time by following the unsubscribe instructions included in any marketing email or by contacting us at [email protected]. Please note that even after opting out of marketing communications, you may still receive transactional and service-related communications from us.

20. Accessibility

Costa Vida is committed to making our Website accessible to all users, including individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable accessibility standards. If you experience any difficulty accessing our Website or Services due to a disability or impairment, please contact us at [email protected] and we will make reasonable efforts to provide you with an accessible means of accessing the information or services you require.

21. Contact Information

If you have any questions, concerns, comments, or complaints about these Terms of Service, or if you need to contact Costa Vida for any reason related to your use of the Website or Services, please reach out to us using the following contact details:

We will make every reasonable effort to respond to your inquiries within a reasonable time frame. For urgent matters, we recommend reaching out via email to ensure your message is received and addressed promptly by the appropriate department.