Terms of Service

Effective Date: June 12, 2026  |  Last Updated: June 12, 2026

1. Acceptance of Terms

Welcome to Costa Vida. 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"), governing your access to and use of the website located at fresh-costavida.click (the "Website") and all related services, features, content, and functionality offered by Costa Vida (collectively, the "Services").

By accessing, browsing, or otherwise using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any other policies, guidelines, or rules posted on the Website. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

If you are using our Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "you" and "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use our Services.

You must be at least eighteen (18) years of age to use this Website and our Services. By using this Website, you represent and warrant that you are at least 18 years of age. If you are under 18, you may only use this Website with the express supervision and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Costa Vida is a food service business operating in the United States, offering fresh and flavorful food products and related services. Through the Website, we offer the following services:

• Online Menu Browsing: Customers may browse our current food offerings, menu items, nutritional information, and pricing through the Website.
• Online Ordering: Where available, customers may place food orders online for pickup or delivery through our Website or integrated third-party platforms.
• Catering Services: Information about and scheduling of catering services for events, corporate gatherings, and private functions.
• Promotions and Loyalty Programs: Access to special offers, discounts, promotional deals, and loyalty reward programs available to registered users and subscribers.
• Customer Account Services: Registration and management of personal customer accounts, order history, saved preferences, and communication settings.
• Customer Support: Access to customer service resources, FAQs, and direct contact channels for inquiries, complaints, or feedback.
• Informational Content: General information about Costa Vida, our food philosophy, ingredient sourcing, restaurant locations, and company news.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you or any third party. Costa Vida does not guarantee that any particular service, menu item, or feature will be available at all times or in all locations.

3. User Accounts and Registration

Certain features of our Website may require you to create a user account. When registering for an account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach. Costa Vida will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to terminate or suspend your account at any time, for any reason, including but not limited to violation of these Terms, fraudulent activity, or inactivity for an extended period.

4. User Obligations and Prohibited Activities

By using our Website and Services, you agree to comply with all applicable local, state, federal, and international laws and regulations. You further agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the Website.

4.1 User Obligations

You agree to:

• Provide accurate, truthful, and up-to-date information when creating an account or placing an order;
• Use the Website and Services only for their intended purposes as described herein;
• Comply with all applicable food safety regulations and guidelines when handling any food products ordered through our Services;
• Promptly pay all charges, fees, and taxes associated with your orders and use of our Services;
• Notify us of any allergies, dietary restrictions, or special requirements before placing an order;
• Be present at the designated pickup or delivery location at the agreed time.

4.2 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities:

• Using the Website for any unlawful, fraudulent, or malicious purpose;
• Impersonating any person, business, or entity, or falsely claiming affiliation with any person or entity;
• Attempting to gain unauthorized access to any part of the Website, server, database, or other systems connected to the Website;
• Transmitting, uploading, or distributing any viruses, malware, spyware, or any other harmful or disruptive code;
• Using automated tools, bots, scrapers, or any other means to collect data from the Website without our prior written consent;
• Posting, transmitting, or sharing any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable;
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein;
• Placing fraudulent orders or using stolen, invalid, or unauthorized payment methods;
• Engaging in any activity that could damage, disable, overburden, or impair the Website or servers or networks connected to the Website;
• Reselling, redistributing, or commercially exploiting any content or services obtained through the Website without prior written authorization;
• Collecting personal information of other users without their express consent;
• Using the Website in any manner that violates any applicable federal, state, or local laws or regulations in the United States.

Violation of any of the above prohibited activities may result in immediate termination of your access to our Services, and Costa Vida reserves the right to pursue all available legal remedies.

5. Online Orders and Payment Terms

When you place an order through our Website, you agree to the following terms and conditions governing payment and order processing:

5.1 Order Placement and Confirmation

All orders placed through the Website are subject to availability and confirmation by Costa Vida. We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear to be fraudulent, duplicate, or in violation of these Terms. You will receive an order confirmation via email once your order has been accepted.

5.2 Pricing and Taxes

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes will be calculated and added to your order total at checkout in accordance with applicable state and local tax laws. Costa Vida strives to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel or adjust the affected order.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order to that payment method.

5.4 Refunds and Cancellations

Refund and cancellation policies vary based on the type of order and circumstances. Please contact us at [email protected] for assistance with any order issues. Refunds, if applicable, will be processed to the original payment method within a reasonable timeframe as required by applicable law.

5.5 Food Allergies and Dietary Restrictions

Costa Vida makes reasonable efforts to provide accurate ingredient and allergen information. However, we cannot guarantee that any menu item is completely free from allergens due to the possibility of cross-contamination in our kitchens. It is your sole responsibility to inform us of any food allergies or dietary restrictions before placing an order. Costa Vida shall not be liable for any allergic reactions or adverse effects resulting from your consumption of our food products.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio and video clips, digital downloads, data compilations, and software, is the exclusive property of Costa Vida or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other applicable statutes.

The Costa Vida name, logo, slogans, and all related marks are trademarks or registered trademarks of Costa Vida in the United States and other jurisdictions. You are prohibited from using any Costa Vida trademarks or service marks without our prior written consent.

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

• The right to resell or commercially use the Website or its contents;
• The right to collect or use product listings, descriptions, or prices;
• The right to make derivative works of the Website or its contents;
• The right to download or copy account information for the benefit of any third party;
• The right to use data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Website or its content terminates the license granted herein and may violate applicable copyright, trademark, and other laws, potentially resulting in civil and/or criminal penalties.

If you believe that any content on the Website infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, by contacting us at [email protected].

7. User-Generated Content

If you submit, post, or share any content on our Website, including reviews, comments, feedback, suggestions, 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 you own or have the necessary rights to the User Content you submit, that the User Content does not infringe any third-party rights, and that the User Content complies with these Terms and all applicable laws.

Costa Vida reserves the right to remove or edit any User Content at any time and for any reason without notice.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Costa Vida. These links are provided for your convenience only. Costa Vida has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Your use of third-party websites and services is subject to the terms and conditions of those third parties. We encourage you to review the terms and privacy policies of any third-party sites you visit. Costa Vida does not endorse any third-party website, product, service, or content.

9. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY COSTA VIDA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS OFFERED THROUGH OUR SERVICES FOR ANY PARTICULAR DIETARY NEED OR HEALTH CONDITION.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

Costa Vida does not warrant that the Website will meet your specific requirements or that any errors or defects in the Website will be corrected. You assume all risks associated with the use of the Website and our Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY FOOD-RELATED ILLNESS, ALLERGIC REACTION, OR ADVERSE HEALTH OUTCOME RESULTING FROM CONSUMPTION OF OUR PRODUCTS, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.

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

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, shareholders, employees, independent contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the Website or Services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any User Content you submit, post, or transmit through the Website;
• Any fraudulent, negligent, or willful misconduct on your part;
• Any dispute between you and any third party, including other users of the Website.

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

12. Privacy and Data Protection

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

To the extent applicable, Costa Vida complies with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), the Federal Trade Commission Act (FTC Act), and all other applicable federal and state privacy laws. Please review our Privacy Policy for detailed information about your rights and our data practices.

13. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Costa Vida is registered and operates, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

Subject to the arbitration provisions set forth in Section 14 below, you agree that any legal action or proceeding 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, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

Nothing in these Terms shall limit Costa Vida's right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or other proprietary rights.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Costa Vida at [email protected] and attempt to resolve any dispute informally. We will make good faith efforts to resolve the dispute within thirty (30) days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as described below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Except for disputes relating to intellectual property rights, small claims court matters, or injunctive relief, any controversy or claim arising out of or relating to these Terms, the Website, or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, which are incorporated herein by reference.

The arbitration shall be conducted in the United States, and the arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitration proceedings and all related documents shall be confidential.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH YOU AND COSTA VIDA WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.4 Time Limitation

Any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations to the contrary.

15. Term and Termination

These Terms shall remain in full force and effect while you use the Website or maintain an account with us. Costa Vida reserves the right, in its sole discretion, to:

• Terminate or suspend your access to all or part of the Website and Services, with or without notice, for any reason, including violation of these Terms;
• Delete your account and all associated data in accordance with our Privacy Policy;
• Pursue any available legal remedies for violations of these Terms.

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

The following sections shall survive termination of these Terms: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to These Terms

Costa Vida reserves the right to modify, update, or replace these Terms at any time, at our sole discretion. When we make material changes to these Terms, we will provide notice by:

• Updating the "Last Updated" date at the top of this page;
• Posting a notice on the Website's homepage;
• Sending an email notification to registered account holders, where applicable.

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

17. Electronic Communications and Notices

By using our Website and Services, you consent to receiving electronic communications from Costa Vida, including emails, notices, and other communications. You agree that all notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

Any notice you are required to provide to Costa Vida under these Terms shall be sent to [email protected]. Notices will be deemed given when sent, provided that the sending party does not receive an error or undeliverable notification.

18. Accessibility

Costa Vida is committed to making our Website accessible to all users, including individuals with disabilities, in compliance with applicable federal and state accessibility requirements, including the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing our Website or Services, please contact us at [email protected] so we may assist you and work to improve our accessibility.

19. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, acts of war or terrorism, labor strikes, government restrictions, power outages, internet service disruptions, or supply chain failures. In such events, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

20. Waiver

Costa Vida's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by an authorized representative of Costa Vida. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.

21. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect. The invalid or unenforceable provision shall be reformed to most closely reflect the original intent of the parties while complying with applicable law.

If any provision cannot be modified to be enforceable, that provision shall be severed from these Terms, and the remainder of the Terms shall be interpreted and enforced as if such provision had never been included.

22. Entire Agreement

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

In the event of any conflict between these Terms and any other agreement or policy, these Terms shall control unless expressly stated otherwise.

23. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Costa Vida. Costa Vida may freely assign, transfer, or delegate these Terms and any rights and licenses granted hereunder to any third party, including in connection with a merger, acquisition, sale of assets, or by operation of law.

24. Compliance with Laws

You agree to comply with all applicable local, state, federal, and international laws and regulations in connection with your use of the Website and Services, including but not limited to food safety regulations enforced by the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA), consumer protection laws enforced by the Federal Trade Commission (FTC), and applicable state food service regulations.

25. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.

These Terms of Service were last updated on June 12, 2026, and are effective as of that date.