Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Costa Vida ("we," "us," "our," or "Company"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Costa Vida regarding your use of our website located at costa-vida.click, our food delivery services, mobile applications, and all related services (collectively, the "Services").

By accessing, browsing, or using our Services, including placing food orders, creating an account, or interacting with our website in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

1.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete information when creating an account
• Not be prohibited from using our Services under applicable laws
• Be located within our delivery zones in the United States

1.2 Account Responsibility

You are fully responsible for all activities that occur under your account, including orders placed by others using your account credentials. You must maintain the security of your account information and notify us immediately of any unauthorized use.

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 changes are posted constitutes acceptance of the updated Terms. We recommend reviewing these Terms regularly.

2. Definitions

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

• "Company," "we," "us," "our" refers to Costa Vida, a food service business operating in the United States
• "User," "you," "your" refers to any individual accessing or using our Services
• "Services" includes our website, mobile applications, food preparation and delivery services, catering services, and all related offerings
• "Content" refers to all text, graphics, images, music, software, audio, video, information, and other materials available through our Services
• "Website" refers to our domain costa-vida.click and all associated subdomains and pages
• "Order" refers to any food or beverage purchase request submitted through our Services
• "Delivery Zone" refers to the geographic areas where we provide delivery services
• "Account" refers to the user profile created when registering for our Services

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Browsing our menu and restaurant information
• Placing orders for personal consumption
• Managing your account and order history
• Contacting customer service
• Accessing promotional offers and loyalty programs
• Providing feedback and reviews about our services

All use must be for personal, non-commercial purposes and in compliance with applicable laws and regulations.

3.2 Prohibited Use

You agree not to use our Services for any of the following prohibited activities:

• Any illegal, fraudulent, or unauthorized purposes
• Violating any local, state, national, or international laws or regulations
• Transmitting harmful code, viruses, or malware
• Attempting to gain unauthorized access to our systems or other users' accounts
• Interfering with or disrupting our Services or servers
• Using automated systems, bots, or scripts without permission
• Harassing, threatening, or defaming other users or our staff
• Impersonating any person or entity
• Collecting personal information about other users
• Using our Services for commercial purposes without authorization
• Posting false, misleading, or inappropriate content
• Attempting to reverse engineer our software or systems
• Placing fake or fraudulent orders
• Violating intellectual property rights

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, including placing orders, you must create an account. During registration, you must provide accurate, current, and complete information, including:

• Full legal name
• Valid email address
• Phone number
• Delivery address within our service area
• Payment information

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must:

• Keep your password secure and not share it with others
• Notify us immediately of any unauthorized use of your account
• Log out of your account when finished using our Services
• Update your information promptly when it changes

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason we deem appropriate. You may also close your account at any time by contacting customer service.

5. Products and Services

5.1 Food Safety and Hygiene Standards

Costa Vida is committed to maintaining the highest food safety and hygiene standards. We comply with all applicable health department regulations and food safety protocols. However, we cannot guarantee that our food preparation environment is completely free from allergens or contaminants.

5.2 Allergen Information Disclaimer

IMPORTANT ALLERGEN WARNING: Our kitchen handles common allergens including but not limited to wheat, soy, eggs, dairy, nuts, shellfish, and sesame. While we take precautions to prevent cross-contamination, we cannot guarantee that any menu item is completely free from allergens. Customers with food allergies must exercise caution and consult with our staff before ordering.

5.3 Order Acceptance and Modification

All orders are subject to acceptance by Costa Vida. We reserve the right to refuse or cancel any order for any reason, including:

• Items out of stock or unavailable
• Orders outside our delivery zone
• Suspected fraudulent activity
• Inability to verify payment information
• Restaurant capacity limitations

Order modifications may be possible if requested immediately after placing the order and before preparation begins. We cannot guarantee that modification requests will be accommodated.

5.4 Delivery Terms and Timing

Delivery services are available within our designated delivery zones during operating hours. Delivery times are estimates and may vary due to weather, traffic, order volume, and other factors beyond our control. We strive to deliver orders within 30-60 minutes but cannot guarantee specific delivery times.

5.5 Minimum Order Requirements

A minimum order value may be required for delivery service. Minimum order amounts may vary by location and are displayed during the ordering process.

5.6 Temperature-Sensitive Item Handling

We take precautions to maintain food temperature during delivery using insulated bags and containers. However, food temperature may vary due to delivery distance and time. For food safety, consume delivered food promptly upon receipt.

5.7 Pricing and Availability

All prices are in US dollars and include applicable taxes unless otherwise stated. Prices and menu items are subject to change without notice. Promotional offers may have specific terms and conditions and are subject to availability.

5.8 Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our website. By providing payment information, you authorize us to charge the specified amount for your order, including applicable taxes, fees, and gratuity.

5.9 Food Quality Guarantee

We are committed to providing high-quality food and service. If you are not satisfied with your order, please contact us within 24 hours of delivery. We will work to resolve any issues, which may include offering a refund, credit, or replacement order at our discretion.

6. Intellectual Property Rights

6.1 Our Ownership

All content and materials on our Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Costa Vida or our content suppliers and are protected by United States and international copyright laws.

6.2 Trademarks

Costa Vida, our logo, and other marks indicated on our Services are trademarks of our company. You may not use these trademarks without our prior written permission.

6.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not include any right to:

• Resell or make commercial use of our Services
• Download or copy account information for others
• Use data mining, robots, or similar data gathering tools
• Reproduce, duplicate, copy, sell, or exploit our Services

6.4 Copyright Infringement

If you believe that any content on our Services infringes your copyright, 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, photos, and feedback. You represent that you have all necessary rights to submit such content.

7.2 License Grant

By submitting content to our Services, you grant Costa Vida a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publicly display, reproduce, and distribute your content in connection with our business operations and marketing efforts.

7.3 Prohibited Content

You may not submit content that:

• Is illegal, harmful, threatening, abusive, or hateful
• Violates intellectual property rights
• Contains personal information of others
• Is false, misleading, or defamatory
• Contains viruses or malicious code
• Promotes illegal activities

7.4 Content Removal

We reserve the right to remove, edit, or refuse to post any user content at our sole discretion without notice or liability.

8. Disclaimers

8.1 Service Provision

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or secure.

8.2 Food Service Disclaimers

While we strive to provide accurate menu information and high-quality food, we disclaim all warranties regarding:

• Food taste preferences and satisfaction
• Exact preparation times and delivery schedules
• Complete allergen-free food preparation
• Food temperature upon delivery
• Ingredient availability and menu accuracy

8.3 Third-Party Content

Our Services may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of these third-party sites.

8.4 No Professional Advice

Information provided through our Services is for general informational purposes only and should not be considered professional dietary, health, or nutritional advice.

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, our total liability to you for all claims arising from or relating to our Services shall not exceed the amount you paid to us for the specific order or service giving rise to the claim, or $100, whichever is greater.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or use
• Business interruption
• Personal injury (except as required by law)
• Emotional distress
• Food poisoning or allergic reactions

9.3 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, strikes, or supply chain disruptions.

10. Indemnification

You agree to indemnify, defend, and hold harmless Costa Vida, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through our Services
• Your negligent acts or omissions

This indemnification obligation shall survive termination of these Terms.

11. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or applications. These links are provided for convenience only. We do not endorse, control, or assume responsibility for third-party content, services, or practices. Your interactions with third parties are solely between you and the third party. We encourage you to review the terms and privacy policies of any third-party services you access.

12. Termination

12.1 Termination by Company

We may terminate or suspend your access to our Services immediately, without notice, for any reason, including:

• Violation of these Terms
• Fraudulent or suspicious activity
• Extended periods of inactivity
• Legal or regulatory requirements

12.2 Termination by User

You may terminate your account at any time by contacting customer service or using account settings if available. Termination does not relieve you of obligations incurred prior to termination.

12.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. Provisions that by their nature should survive termination shall remain in effect, including indemnification, liability limitations, and dispute resolution clauses.

13. Governing Law and Dispute Resolution

13.1 Governing Law

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

13.2 Dispute Resolution

Any dispute arising from or relating to these Terms or our Services shall be resolved through the following process:

1. Informal Resolution: Contact us at [email protected] to seek informal resolution
2. Mediation: If informal resolution fails, disputes may be submitted to mediation
3. Litigation: Unresolved disputes shall be subject to the exclusive jurisdiction of courts in Maine

13.3 Class Action Waiver

You agree that any legal proceeding shall be conducted on an individual basis only and not as a class, collective, or representative action.

13.4 Time Limitation

Any claim must be filed within one (1) year after the cause of action arises, or such claim shall be permanently barred.

14. Changes to Terms

We reserve the right to update, change, or replace these Terms at any time at our sole discretion. Changes will be effective immediately upon posting on our website. We may, but are not obligated to, notify users of material changes via email or website notification.

Your continued use of our Services after any changes constitutes acceptance of the new Terms. It is your responsibility to check these Terms periodically for updates. If you do not agree to modified Terms, you must stop using our Services.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Costa Vida concerning our Services.

15.2 Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

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

15.4 Assignment

We may assign our rights and obligations under these Terms without restriction. You may not assign your rights or obligations without our prior written consent.

15.5 Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including natural disasters, government actions, or other unforeseeable circumstances.

15.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

15.7 Survival

Provisions that by their nature should survive termination shall remain in effect after termination of these Terms.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or our Services, please contact us using the following information:

We strive to respond to all inquiries within 24-48 hours during business days. For urgent matters related to food safety or delivery issues, please call our customer service line directly.

Last Updated: January 1, 2026
Effective Date: January 1, 2026