Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at costavida.digital (the "Site") or any services offered by Costa Vida (the "Company," "we," "us," or "our"). By accessing or using our Site and services, you agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site or services.

1. Acceptance of Terms

By accessing, browsing, or using the Site at costavida.digital, placing an order, creating an account, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. This Agreement constitutes a legally binding contract between you ("User," "Customer," or "you") and Costa Vida.

If you are using our Site or services 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 that case, "you" and "your" will refer to both you individually and that entity.

We reserve the right to update, revise, or replace these Terms at any time. Your continued use of our Site and services following any posted changes constitutes your acceptance of the revised Terms. It is your responsibility to check this page periodically for changes.

You must be at least eighteen (18) years of age to use our services. By using the Site, you represent and warrant that you meet this age requirement. If you are under eighteen (18), you may only use the Site with the involvement and consent of a parent or legal guardian.

2. Description of Services

Costa Vida operates as a food service business providing customers with access to food products, menu items, online ordering, catering inquiries, promotional information, loyalty programs, and related services through our website at costavida.digital. Our services may include, but are not limited to:

• Online ordering and delivery coordination for food and beverage items
• In-restaurant dining information, including menu browsing, nutritional information, and allergen disclosures
• Catering services and event-related food ordering
• Loyalty and rewards program enrollment and management
• Promotional offers, coupons, and special deal distributions
• Account registration and profile management
• Customer support and communications
• Gift card purchases and redemption

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, and promotional offers are subject to change at any time without prior notice. Not all menu items may be available in all locations or at all times. We strive to ensure that all information on the Site is accurate, but we do not guarantee the completeness or accuracy of any product descriptions, pricing, or availability information.

Our services may involve the use of third-party platforms, delivery partners, payment processors, and technology providers. Costa Vida is not responsible for the actions, policies, or terms of any third-party service providers integrated with our Site or used in connection with our services.

3. User Accounts and Registration

Certain features of our Site may require you to create an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Keep your password confidential and not share it with any third party
• Accept responsibility for all activities that occur under your account
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach

We reserve the right to suspend or terminate your account at our sole discretion, including if we believe that information you provided is inaccurate, false, or incomplete, or if you have violated these Terms. You may not create more than one account per person. Accounts are non-transferable and may not be sold, traded, or assigned to another party.

4. User Obligations and Prohibited Activities

As a condition of your use of our Site and services, you agree to use them only for lawful purposes and in a manner consistent with these Terms and all applicable local, state, and federal laws and regulations. You agree not to use our Site or services to:

• Violate any applicable federal, state, or local laws, regulations, or ordinances
• Engage in fraudulent activity, including but not limited to submitting false orders, using stolen payment information, or misrepresenting your identity
• Transmit or upload any harmful, offensive, obscene, defamatory, threatening, or otherwise objectionable content
• Interfere with or disrupt the integrity or performance of the Site or its servers and networks
• Attempt to gain unauthorized access to any portion of the Site, other accounts, or any other systems or networks connected to our servers
• Use automated tools, bots, scrapers, or data-mining software to collect information from the Site without our express written consent
• Impersonate any person or entity or falsely claim an affiliation with any person or entity
• Use our services for any commercial purpose other than as expressly permitted by Costa Vida in writing
• Circumvent, disable, or otherwise interfere with security features of the Site
• Post or transmit any unsolicited commercial communications ("spam") or engage in any form of phishing
• Collect or store personal data about other users without their consent
• Engage in any activity that could damage, disable, or impair the proper functioning of the Site
• Attempt to reverse-engineer, decompile, or disassemble any software on or related to the Site

Violation of any of the foregoing prohibitions may result in the immediate termination of your account and access to our services, as well as potential civil and/or criminal liability. Costa Vida reserves the right to investigate and take appropriate legal action against anyone who violates these provisions.

5. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and compilation of the Site (collectively, "Content"), is the exclusive property of Costa Vida or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Costa Vida name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Costa Vida. You may not use any of our trademarks without our prior written permission. All other trademarks, product names, and company names or logos appearing on the Site are the property of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with our food services. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its Content
• Modify or create derivative works based upon the Site or any Content
• Publicly display, perform, or distribute any Content from the Site
• Use any meta tags or any other hidden text utilizing Costa Vida's name or trademarks

Any unauthorized use of the Content terminates the limited license granted to you. You must retain all copyright and other proprietary notices on any authorized copies of Content you make.

If you submit feedback, suggestions, reviews, or other content to Costa Vida (collectively, "User Submissions"), you grant us a worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Submissions in any form, media, or technology now known or hereafter developed. You represent and warrant that you own or otherwise control all rights to your User Submissions and that such submissions do not violate any third-party rights.

6. Payment Terms and Ordering

When you place an order through our Site or affiliated ordering platforms, you agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including any applicable taxes. You authorize us to charge your designated payment method for any orders placed through your account.

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable sales tax as required by federal, state, or local law. Prices are subject to change without notice. We reserve the right to correct pricing errors and to cancel or refuse orders placed at an incorrect price, even after an order has been submitted.

Payments are processed through secure, third-party payment processors. Costa Vida does not store your full credit card or financial information on our servers. By providing your payment information, you represent and warrant that you are authorized to use the payment method you provide and that all payment information you submit is accurate and complete.

In the event of a billing dispute, you must contact us at [email protected] within thirty (30) days of the disputed charge. We will investigate the matter and provide a response in a commercially reasonable timeframe. You agree not to initiate chargebacks or disputes with your financial institution without first contacting us to attempt resolution.

Refunds, cancellations, and exchanges are subject to our applicable refund and cancellation policy as posted on the Site. Due to the perishable nature of food products, refunds or exchanges may be limited. If you have concerns about the quality of a product you received, please contact us promptly at [email protected].

7. Food Safety, Allergens, and Nutritional Information

Costa Vida makes reasonable efforts to provide accurate information about ingredients, allergens, and nutritional content of our menu items on our Site. However, we cannot guarantee that this information is always complete, accurate, or up-to-date due to recipe changes, ingredient substitutions, supplier variations, and the risk of cross-contact in our kitchens.

You acknowledge that food preparation in a shared kitchen environment may result in cross-contact with allergens, and Costa Vida cannot guarantee that any menu item is completely free from any particular allergen. Costa Vida shall not be liable for any adverse reactions, allergic reactions, or health issues arising from consumption of our food products, provided that we have made reasonable disclosure efforts consistent with applicable food safety laws and regulations.

8. Disclaimers and "As-Is" Basis

YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH THE SITE 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 SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE
• WARRANTIES THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE

Costa Vida does not warrant or make any representations regarding the use or the results of the use of the Site or the services in terms of their correctness, accuracy, reliability, or otherwise. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk.

References or links to any third-party websites, services, or products on our Site do not constitute an endorsement or recommendation by Costa Vida. We have no control over third-party websites and are not responsible for their content, policies, or practices.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, 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, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR OUR SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE
• ANY CONTENT OBTAINED FROM THE SITE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• ANY FOOD PRODUCT CONSUMED BASED ON INFORMATION PROVIDED THROUGH THE SITE

IN NO EVENT SHALL COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COSTA VIDA AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COSTA VIDA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 violation of any applicable law, regulation, or ordinance
• Your use of the Site or our services in a manner not authorized by these Terms
• Your User Submissions or other content you submit, post, or transmit through the Site
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any misrepresentation made by you in connection with your use of the Site or services

Costa Vida reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which event you will cooperate with Costa Vida in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Costa Vida.

11. 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 laws of the state in which Costa Vida is registered and/or operates, without giving effect to any choice or conflict of law provision or rule.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Costa Vida agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States for the purpose of litigating all such disputes. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

These Terms shall be interpreted in accordance with the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., with respect to consumer protection matters, and other applicable federal statutes. For users located in the State of California, additional rights may apply under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq., and the California Consumers Legal Remedies Act (CLRA), Cal. Civ. Code § 1750 et seq.

Nothing in this section shall limit Costa Vida's right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of our intellectual property rights or confidential information.

12. Dispute Resolution and Arbitration

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

Agreement to Arbitrate: You and Costa Vida agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site or services, or any food products purchased through or in connection with the Site (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration, rather than in court, except as provided below.

Informal Resolution First: Before initiating arbitration, you agree to contact Costa Vida at [email protected] to describe the nature of your dispute and allow us thirty (30) days to attempt to resolve the issue informally. We will make reasonable efforts to resolve any Disputes to your satisfaction.

Arbitration Rules: If informal resolution is unsuccessful, any Dispute shall be submitted to binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND COSTA VIDA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If a court or arbitrator finds this class action waiver unenforceable, then the arbitration agreement shall be null and void as to that dispute.

Exceptions: Notwithstanding the agreement to arbitrate, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or imminent harm, irreparable injury, or infringement of intellectual property rights. Additionally, you may bring Disputes in small claims court if the matter qualifies under applicable small claims court rules.

Time Limitation: You agree that any claim or cause of action arising out of or related to use of the Site or services, or these Terms, 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.

13. Term and Termination

These Terms of Service are effective as of the date you first access or use our Site and shall remain in effect until terminated by either party in accordance with this section.

Termination by You: You may terminate your agreement with these Terms at any time by discontinuing your use of the Site and, if applicable, deleting your account. If you wish to close your account, please contact us at [email protected].

Termination by Costa Vida: We may suspend or terminate your access to the Site and services, or close your account, at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, but are not limited to:

• Breach of any provision of these Terms
• Conduct that we believe is harmful to other users, third parties, or Costa Vida's business interests
• Fraudulent, abusive, or illegal activity
• Extended periods of account inactivity
• Requests from law enforcement or government agencies

Effect of Termination: Upon termination, your right to use the Site and services immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

Termination of your account does not relieve you of any obligation to pay outstanding amounts owed to Costa Vida. Costa Vida shall not be liable to you or any third party for any suspension or termination of your access to the Site or services.

14. Changes to These Terms

Costa Vida reserves the right, at its sole discretion, to modify, amend, or replace these Terms of Service at any time. We will notify you of any material changes by:

• Posting the updated Terms on this page with a revised "Last Updated" date
• Sending an email notification to the address associated with your account (for registered users)
• Displaying a notice on our Site or through our ordering platforms

Changes will be effective immediately upon posting unless we specify a later effective date. Your continued use of the Site or services after any changes to the Terms constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue your use of the Site and services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of the Terms will always be available at costavida.digital.

15. Severability

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

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent and economic effect of the invalid or unenforceable provision.

16. Additional Legal Provisions

16.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Costa Vida on the Site, constitute the entire agreement between you and Costa Vida with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to such subject matter.

16.2 Waiver

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. Any failure by Costa Vida to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16.3 Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our prior written consent. Costa Vida may assign, transfer, or sublicense any or all of its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

16.4 Force Majeure

Costa Vida shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, supply chain disruptions, utility failures, cyberattacks, or other events of force majeure.

16.5 No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of the parties hereto and are not intended to benefit, and shall not be enforceable by, any other person or entity. Nothing in these Terms shall create or be deemed to create a partnership, joint venture, employment, or agency relationship between you and Costa Vida.

16.6 Electronic Communications

By using our Site and services, you consent to receive electronic communications from Costa Vida, including notices, agreements, legally required disclosures, and other information related to your use of the Site. You agree that any notice, agreement, disclosure, or other communications that we deliver to you electronically satisfies any legal requirement that such communications be in writing.

16.7 Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect. They do not define, limit, construe, or describe the scope or extent of any section.

17. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below. We are committed to resolving any concerns you may have in a timely and professional manner.

These Terms of Service were last updated on April 3, 2026. Costa Vida reserves all rights not expressly granted herein. Thank you for choosing Costa Vida. We look forward to serving you.