Terms of Service

1. Introduction and Acceptance

Welcome to Costa Vida ("we," "us," "our," "Company"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," "User") and Costa Vida regarding your use of our website located at costa-vida.digital (the "Website") and all related services, including but not limited to food ordering, delivery services, catering, and franchise opportunities (collectively, the "Services").

By accessing, browsing, or using our Website or Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease using our Website and Services.

1.1 Eligibility Requirements

You must be at least 18 years of age to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian. By using our Services, you represent and warrant that:

• You are at least 18 years old or have parental/guardian consent
• You have the legal capacity to enter into binding contracts
• You are not prohibited from receiving services under applicable laws
• You will provide accurate and complete information

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Website. Your continued use of our Services after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.

2. Definitions

For the purposes of these Terms, the following definitions apply:

3. Use of Services

3.1 Permitted Use

You may use our Website and Services for the following permitted purposes:

• Personal, non-commercial use for ordering food and related services
• Browsing our menu and restaurant information
• Creating and managing your user account
• Communicating with us regarding orders and services
• Participating in promotional activities and loyalty programs
• Accessing information about franchise and catering opportunities

You agree to comply with all applicable federal, state, and local laws and regulations when using our Services. You must provide accurate, current, and complete information when creating accounts, placing orders, or otherwise interacting with our Services.

3.2 Prohibited Use

The following activities are strictly prohibited:

• Using our Services for any unlawful purpose or in violation of any applicable laws
• Engaging in fraudulent activities, including use of invalid payment methods
• Attempting to gain unauthorized access to our systems, accounts, or data
• Interfering with or disrupting the integrity or performance of our Website or Services
• Transmitting viruses, malware, or other harmful code
• Harvesting or collecting information about other users
• Using our intellectual property without authorization
• Impersonating Costa Vida or any of our employees, agents, or representatives
• Posting or transmitting spam, unsolicited communications, or promotional materials
• Providing false, misleading, or inaccurate information
• Using automated systems (bots, scrapers) to access our Services
• Reselling our food items or services without authorization

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you may need to create an account. When registering, you must:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Choose a secure password and keep it confidential
• Accept responsibility for all account activities

4.2 Account Security

You are solely responsible for maintaining the security of your account credentials. Costa Vida is not liable for any losses or damages resulting from unauthorized account access due to your failure to maintain security.

4.3 One Account Per Person

Each person may maintain only one active account. Creating multiple accounts may result in account suspension or termination.

4.4 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities. You may close your account at any time by contacting us at [email protected].

5. Products and Services

5.1 Food Safety and Quality Standards

Costa Vida is committed to maintaining the highest food safety and hygiene standards in compliance with all applicable health regulations. We follow strict food handling, preparation, and storage procedures to ensure food safety and quality.

5.2 Product Descriptions and Availability

We strive to provide accurate descriptions and images of our menu items. However, actual products may vary slightly from descriptions or images due to seasonal availability of ingredients, preparation methods, or other factors. We reserve the right to:

• Modify menu items and prices without notice
• Discontinue items that are no longer available
• Make substitutions when ingredients are unavailable
• Limit quantities available for purchase

5.3 Delivery Terms and Timing

Our delivery services are subject to the following terms:

• Delivery Zones: We deliver only within our designated delivery zones around Seattle, WA
• Delivery Times: Estimated delivery times are approximate and may vary based on weather, traffic, order volume, and other factors
• Minimum Orders: A minimum order value may apply for delivery services
• Delivery Fees: Delivery charges and service fees apply as displayed during checkout
• Temperature-Sensitive Items: We use insulated packaging to maintain food temperature, but cannot guarantee specific temperatures upon delivery

5.4 Order Processing and Acceptance

Placing an order through our Website constitutes an offer to purchase. We reserve the right to accept or decline any order at our discretion. Order confirmation does not guarantee acceptance. We may cancel orders due to:

• Ingredient unavailability
• Delivery zone restrictions
• Payment processing issues
• Suspected fraudulent activity
• Force majeure events

5.5 Order Modifications and Cancellations

Order modifications or cancellations may be possible before food preparation begins. Once preparation starts, changes may not be possible. Contact us immediately at +1 206-283-3313 for modification requests.

5.6 Payment Terms

Payment is due at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our Website. You authorize us to charge your payment method for all applicable charges, including food costs, taxes, delivery fees, and service charges.

5.7 Food Quality Guarantee

We guarantee the quality and freshness of our food items. If you are dissatisfied with your order, please contact us within 24 hours of delivery. We will work to resolve issues through refunds, replacements, or other appropriate remedies as outlined in our Refund Policy.

6. Intellectual Property

6.1 Our Ownership

All content on our Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the compilation of all content (collectively, "Our Content"), is owned by Costa Vida or our licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

6.2 Trademarks

The Costa Vida name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Costa Vida. You may not use these trademarks without our express written permission.

6.3 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for personal, non-commercial purposes in accordance with these Terms.

6.4 Copyright Infringement Reporting

If you believe your copyrighted work has been infringed upon on our Website, please contact us at [email protected] with details of the alleged infringement.

7. User Content

7.1 Your Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services, including reviews, comments, images, and other materials ("User Content"). You represent that you own or have necessary rights to your User Content.

7.2 License Grant to Company

By submitting User Content, you grant Costa Vida a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with our business operations.

7.3 Prohibited Content

User Content must not contain:

• Illegal, harmful, or offensive material
• False or misleading information
• Spam or commercial solicitations
• Copyrighted material without permission
• Personal information of others
• Discriminatory or harassing content

7.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without notice.

8. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

We do not warrant that our Website will meet your requirements or that our Services will be available at all times. We disclaim all liability for third-party content and services accessed through our Website.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Costa Vida, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your violation of these Terms
• Your use of our Website or Services
• Your User Content
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications. We do not control, endorse, or assume responsibility for third-party content or services. Your use of third-party services is subject to their respective terms and privacy policies.

12. Termination

12.1 Termination by Company

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice, including for violations of these Terms.

12.2 Termination by User

You may terminate your account at any time by contacting us at [email protected] or by following account closure procedures on our Website.

12.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Washington, United States, without regard to conflict of law principles.

13.2 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Seattle, Washington. You consent to the jurisdiction of such courts.

13.3 Dispute Resolution

We encourage you to contact us first to resolve any disputes. For formal disputes, you agree to engage in good faith negotiations before pursuing legal action.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on our Website with an updated effective date. Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and Costa Vida.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, government actions, or other unforeseeable circumstances.

16. Contact Information