Terms of Service

Effective Date: May 14, 2026  |  Last Updated: May 14, 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 costavida-meal.click (the "Website") and all related services, features, content, and functionality offered through the Website (collectively, the "Services").

By accessing the Website, creating an account, placing an order, or otherwise using any portion of our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. If you are using our 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, and your acceptance of these Terms constitutes acceptance by that entity.

These Terms apply to all visitors, users, customers, and others who access or use the Services. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

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

2. Description of Services

Costa Vida operates an online food ordering and information platform through the Website costavida-meal.click. Our Services include, but are not limited to, the following:

• Online Food Ordering: Users may browse our menu, customize food and beverage selections, and place orders for pickup or delivery through the Website.
• Menu Information: The Website provides detailed information about our food offerings, including descriptions, ingredients, allergen information, nutritional content, pricing, and availability.
• Account Management: Registered users may create and manage personal accounts, save preferences, track order history, and manage payment methods.
• Promotions and Loyalty Programs: From time to time, we may offer promotional deals, discount codes, loyalty rewards, or special offers through the Website.
• Customer Support: Users may contact us through the Website for inquiries, complaints, feedback, or support related to orders and Services.
• Location Services: The Website may provide information about restaurant locations, operating hours, and service availability in specific geographic areas.

We reserve the right to modify, suspend, discontinue, or expand any aspect of our Services at any time, with or without notice. Costa Vida does not guarantee the continuous availability of any particular menu item, promotion, or feature. Availability of certain Services may vary based on geographic location, time of day, operational capacity, and other factors beyond our control.

All food and beverage items are prepared and handled in compliance with applicable federal, state, and local health and safety regulations, including standards set by the U.S. Food and Drug Administration (FDA) and applicable state food safety authorities. However, customers with food allergies or dietary restrictions are strongly encouraged to review ingredient and allergen information carefully and to contact us directly with any specific concerns before placing an order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to the following obligations:

• You will provide accurate, current, and complete information when creating an account or placing orders.
• You will maintain the security and confidentiality of your account credentials and are solely responsible for all activities that occur under your account.
• You will promptly notify us of any unauthorized use of your account or any other security breach.
• You will use the Services only for lawful purposes and in compliance with these Terms and all applicable laws and regulations.
• You will not misrepresent your identity or affiliation with any person or organization.
• You are responsible for ensuring that all persons who access the Services through your account are aware of these Terms and comply with them.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our Website or Services:

• Using the Website for any fraudulent, deceptive, or unlawful purpose, including placing false or unauthorized orders.
• Attempting to gain unauthorized access to any portion of the Website, other user accounts, computer systems, or networks connected to the Website.
• Using automated tools, bots, scrapers, crawlers, or similar technologies to access, extract, or collect data from the Website without our express written consent.
• Uploading, transmitting, or distributing any content that is defamatory, obscene, harassing, hateful, threatening, or otherwise objectionable.
• Introducing any viruses, malware, trojans, ransomware, or other harmful code or programs to the Website or its infrastructure.
• Interfering with or disrupting the integrity, performance, or security of the Website or its servers and networks.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of the Website.
• Using the Website to send unsolicited communications, spam, or commercial messages to other users.
• Circumventing, disabling, or otherwise interfering with security-related features of the Website.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or Services without our express written authorization.
• Violating any applicable local, state, federal, or international laws or regulations in connection with your use of the Services.
• Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure or servers.

Costa Vida reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, terminating the offender's account, reporting such activities to law enforcement authorities, and pursuing civil remedies available under applicable law.

4. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of Costa Vida or its licensors and are protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, trade secret law, and other applicable statutes and treaties.

The Costa Vida name, logo, trademarks, service marks, trade names, and all related names, logos, product and service names, designs, and slogans are trademarks of Costa Vida or its affiliates or licensors. You must not use such marks without the prior written permission of Costa Vida. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

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

• Modify, adapt, or create derivative works based upon the Website or its content;
• Publicly display, publicly perform, reproduce, distribute, or transmit any content from the Website;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download any portion of the Website (other than page caching) for purposes other than personal use.

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws. Costa Vida reserves all rights not expressly granted in these Terms.

5. Payment Terms

When you place an order through our Website, you agree to pay all fees and charges associated with your order, including the price of food and beverage items, applicable taxes, service fees, and delivery charges (if applicable). All prices displayed on the Website are in United States Dollars (USD) and are subject to change at any time without prior notice.

By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate, complete, and current. You authorize Costa Vida to charge your selected payment method for the total amount of your order at the time the order is placed.

We accept major credit cards, debit cards, and other payment methods as indicated on the Website at the time of checkout. All payment transactions are processed through secure, third-party payment processors. Costa Vida does not store full credit card numbers on its servers. However, you acknowledge that the transmission of payment information over the internet is inherently not completely secure, and we cannot guarantee the absolute security of your payment data.

In the event that a payment is declined or a charge is reversed or disputed by your financial institution or payment processor (a "chargeback"), Costa Vida reserves the right to suspend or cancel your order, terminate your account, and pursue any legal remedies available to recover amounts owed. You agree to cooperate with us in resolving any payment disputes.

Applicable sales taxes will be calculated and added to your order total based on the tax laws of the relevant jurisdiction at the time of purchase. Costa Vida is responsible for collecting and remitting applicable taxes as required by federal, state, and local tax authorities.

Refund and cancellation policies are outlined separately on our Website. In general, once an order has been confirmed and preparation has begun, cancellations and refunds may not be possible. Please review our refund policy carefully before placing an order.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY COSTA VIDA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
• 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 THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Costa Vida does not warrant that the Website will meet your requirements or that the operation of the Website will be uninterrupted or error-free. The Website may experience downtime due to maintenance, technical issues, or factors outside our control, including internet service disruptions, server failures, or force majeure events.

Nutritional information, allergen disclosures, and ingredient descriptions provided on the Website are for general informational purposes only. While we make reasonable efforts to ensure the accuracy of this information, we do not guarantee that it is free from errors, omissions, or changes resulting from recipe modifications, supplier changes, or preparation variations. Customers with serious food allergies or medical dietary requirements should exercise independent caution and consult with a healthcare professional if needed.

Any reliance you place on the information provided through the Website is strictly at your own risk. Costa Vida expressly disclaims any liability for decisions made based on information provided on the Website.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND OTHER CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, or business opportunities;
• Loss of data or information;
• Business interruption or service downtime;
• Loss of goodwill or reputation;
• Costs of substitute goods or services;
• Personal injury or property damage arising from your use of the Services;
• Unauthorized access to or alteration of your transmissions or data.

These limitations apply regardless of whether such damages arise from breach of contract, tort (including negligence), strict liability, or any other legal theory, and even if Costa Vida has been advised of the possibility of such damages.

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

Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such states, our liability is limited to the fullest extent permitted by applicable law.

8. Indemnification

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

• Your access to or use of the Website or Services;
• Your violation of these Terms of Service;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights, privacy rights, or consumer protection laws;
• Any content you submit, post, transmit, or otherwise make available through the Website;
• Your negligence, willful misconduct, or fraudulent acts;
• Any dispute between you and any third party arising from your use of the Services.

Costa Vida reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Costa Vida in asserting any available defenses. You shall not settle any matter subject to indemnification without the prior written consent of Costa Vida.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to these Terms or your use of the Website and Services shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the jurisdiction in which Costa Vida operates, without giving effect to any choice of law or conflict of law provisions that would cause the application of the laws of any other jurisdiction.

In the event that any dispute cannot be resolved through arbitration as described in Section 10 below, you consent to the exclusive jurisdiction and venue of the federal and state courts located in the applicable United States jurisdiction for the resolution of any litigation arising from or related to these Terms or the Services. You waive any objection to venue or jurisdiction in such courts.

Costa Vida operates in compliance with applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and all applicable state food safety, consumer protection, and business regulations.

If you are accessing the Website from a location outside the United States, you do so at your own risk and are responsible for compliance with local laws to the extent applicable. Costa Vida makes no representation that the Website or Services are appropriate or available in locations outside the United States.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal dispute proceedings, we encourage you to contact us directly to seek an informal resolution. Most concerns can be resolved quickly and amicably by contacting us at [email protected]. You agree to give us a reasonable opportunity — at least thirty (30) days — to address your concern before pursuing formal dispute resolution.

10.2 Binding Arbitration

Except as provided in Section 10.4 below, you and Costa Vida agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes"), shall be resolved exclusively by binding arbitration, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

The arbitration shall be conducted by a recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator shall have authority to award the same damages and relief as a court, consistent with these Terms. Any arbitration proceeding shall be conducted on an individual basis and not as a class, consolidated, or representative action.

10.3 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, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION. UNLESS BOTH YOU AND COSTA VIDA AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Small claims court actions that qualify under applicable rules may also be brought without arbitration.

11. Term and Termination

These Terms of Service are effective from the moment you first access the Website or use the Services and shall remain in effect until terminated in accordance with this Section.

Costa Vida reserves the right, in its sole discretion, to suspend or terminate your access to the Website and Services, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Engagement in fraudulent, abusive, or unlawful activity;
• Failure to pay amounts owed;
• Requests from law enforcement or government agencies;
• Discontinuation or material modification of the Services;
• Unexpected technical or security issues.

You may also terminate your account at any time by contacting us at [email protected] and requesting the deletion of your account.

Upon termination of your access, your right to use the Services will immediately cease. However, the following provisions shall survive termination of these Terms: Sections 4 (Intellectual Property Rights), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and any other provisions which by their nature should survive termination.

Termination of your account does not relieve you of any obligations or liabilities incurred prior to the termination date, including any outstanding payment obligations.

12. Changes to Terms of Service

Costa Vida reserves the right to modify, update, or revise these Terms of Service at any time at its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may provide additional notice, such as a prominent notice on the Website homepage or an email notification to registered users, where required by applicable law.

Your continued access to or use of the Website or Services following the posting of updated Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any changes. If you do not agree to the revised Terms, you must discontinue your use of the Services immediately.

Changes to these Terms will not apply retroactively and will only take effect upon the effective date stated at the top of the revised Terms, except where otherwise required by applicable law or regulation.

Costa Vida may also, in the future, offer new services or features through the Website. Such new services and features shall be subject to these Terms and any additional terms that may accompany those services.

13. Third-Party Links and Services

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

We do not endorse or make any representations about third-party websites, and we encourage you to read the terms and privacy policies of any third-party websites you visit. Your use of third-party websites and services is entirely at your own risk and subject to the terms and conditions of those third parties.

Costa Vida shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available through any third-party websites or resources.

14. Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, store, and disclose information about you in connection with your use of the Services. By agreeing to these Terms, you also acknowledge and agree to the terms of our Privacy Policy.

If you are a resident of California, additional rights and protections apply to you under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), as described in our Privacy Policy.

15. Force Majeure

Costa Vida shall not be liable for any delay, failure, or interruption in the performance of its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government restrictions, wars, terrorism, labor disputes, power outages, internet outages, supply chain disruptions, or any other event of force majeure. In such circumstances, our obligations under these Terms will be suspended for the duration of the force majeure event.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the provision to the greatest extent possible. If such modification is not possible, the invalid or unenforceable provision shall be severed from these Terms.

The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect as if such invalid or unenforceable provision had never been included.

The parties intend that these Terms be enforced to the fullest extent permitted by applicable law, and any invalid provision shall be replaced with a valid provision that, as closely as possible, achieves the original commercial intent of the invalid provision.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions 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, whether written or oral, with respect to the subject matter hereof.

No waiver by Costa Vida of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or 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. Any waiver must be in writing and signed by an authorized representative of Costa Vida to be effective.

18. Contact Information

If you have any questions, concerns, feedback, or inquiries regarding these Terms of Service, our Services, or any other matter related to Costa Vida, please do not hesitate to contact us using the information below. We are committed to responding to your inquiries in a timely and professional manner.

For order-related issues, including complaints, refund requests, or questions about a specific transaction, please contact us via email with your order number and relevant details so that we may assist you as efficiently as possible.