Terms of Service

Effective Date: April 20, 2026  |  Last Updated: April 20, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Costa Vida ("Company," "we," "us," or "our"), governing your access to and use of the Website located at cost-vida.digital and all related services, features, content, and functionality offered by Costa Vida (collectively, the "Services").

By using our Website or Services in any manner, including but not limited to browsing, creating an account, placing a food order, or participating in any promotional program, you confirm that:

• You are at least 18 years of age, or at least 13 years of age with verifiable parental or guardian consent;
• You have the legal capacity to enter into a binding contract under applicable United States law;
• You are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using our Services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall refer to both you and that entity.

2. Description of Services

Costa Vida is a food service company operating in the United States, offering fresh, made-to-order food products inspired by coastal and vibrant culinary traditions. Our Services include, but are not limited to:

• Online Food Ordering: Customers may browse our menu and place orders for pickup or delivery through our Website or affiliated third-party delivery platforms.
• Menu Information: We provide detailed information about our food offerings, including ingredients, nutritional data, and allergen disclosures to the best of our ability.
• Catering Services: We may offer catering services for events, corporate functions, and private gatherings, subject to availability and separate catering agreements.
• Loyalty and Rewards Programs: From time to time, Costa Vida may operate customer loyalty programs, promotional campaigns, or reward schemes through the Website.
• Customer Communications: We may communicate with you via email, SMS, or other channels regarding your orders, promotions, and Company updates, subject to your communication preferences and applicable law.
• Account Management: Users may create and manage a personal account to streamline ordering, track order history, and manage preferences.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

Availability of menu items, services, and features may vary by location and is subject to change without prior notice. Costa Vida does not guarantee the continuous, uninterrupted availability of its Website or Services.

3. User Accounts and Registration

To access certain features of our Services, you may be required to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the confidentiality of your account credentials, including your username and password;
• Accept responsibility for all activities that occur under your account;
• Notify Costa Vida immediately at [email protected] of any unauthorized use of your account or any other breach of security.

Costa Vida reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to a violation of these Terms. You may not create multiple accounts for the purpose of abusing promotions, rewards, or any other feature of the Services.

4. User Obligations and Prohibited Activities

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

4.1 User Obligations

You agree to:

• Provide truthful, accurate, and lawful information when using the Services;
• Comply with all applicable United States federal and state laws, including food safety regulations, consumer protection laws, and electronic commerce regulations;
• Use the Website only for personal, non-commercial purposes unless otherwise expressly authorized in writing by Costa Vida;
• Respect the intellectual property rights of Costa Vida and third parties;
• Pay all amounts due for orders, services, or subscriptions in a timely manner.

4.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Engaging in any fraudulent, deceptive, or misleading conduct, including placing fraudulent orders or using stolen payment information;
• Interfering with or disrupting the integrity, security, or performance of the Website or its underlying infrastructure;
• Attempting to gain unauthorized access to any portion of the Website, other user accounts, computer systems, or networks connected to Costa Vida;
• Using automated software, bots, scrapers, or other tools to extract data from the Website without prior written authorization;
• Uploading, transmitting, or distributing viruses, malware, or any other malicious code;
• Engaging in any activity that violates the FTC Act, the CAN-SPAM Act, or any other applicable United States federal or state law;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services without express written permission from Costa Vida;
• Harassing, threatening, intimidating, or abusing other users or Costa Vida employees;
• Posting or transmitting any content that is unlawful, defamatory, obscene, offensive, or otherwise objectionable;
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Using the Services to promote or conduct any illegal activities, including but not limited to money laundering, fraud, or unauthorized data collection;
• Circumventing, disabling, or otherwise interfering with security-related features of the Website.

Violation of any of the above prohibitions may result in the immediate termination of your account and access to the Services, and may expose you to civil and/or criminal liability under applicable United States law.

5. Ordering, Payment, and Refund Terms

5.1 Placing Orders

When you place an order through our Website, you are making an offer to purchase food products or services from Costa Vida. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity.

By placing an order, you confirm that you are legally authorized to use the payment method provided and that the information submitted is accurate and complete.

5.2 Pricing and Payment

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable taxes, delivery fees, and service charges will be disclosed at checkout prior to finalizing your order.

We accept major credit cards, debit cards, and other payment methods as displayed on the Website. All payment transactions are processed through secure, third-party payment processors. Costa Vida does not store complete payment card information on its servers.

You authorize Costa Vida to charge your selected payment method for all amounts due in connection with your order at the time the order is placed.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has commenced. If you experience a problem with your order, including receiving an incorrect or unsatisfactory item, please contact us at [email protected] within 24 hours of receiving your order so that we may evaluate your concern and determine an appropriate resolution, which may include a refund, credit, or replacement at our sole discretion.

Cancellations requested before order preparation has begun may be honored at Costa Vida's discretion. We reserve the right to modify our refund and cancellation policy at any time.

6. Intellectual Property Rights

All content, materials, and intellectual property associated with the Website and Services, including but not limited to text, graphics, logos, images, photographs, video content, audio clips, digital downloads, data compilations, software, and the overall design and appearance of the Website (collectively, "Intellectual Property"), are the exclusive property of Costa Vida or its licensors and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, trade secret laws, and other proprietary rights.

The Costa Vida name, logo, and all related product names, design marks, and slogans are trademarks or registered trademarks of Costa Vida in the United States. Unauthorized use of any Costa Vida trademark is strictly prohibited.

6.1 License to Use

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 and Services solely for your personal, non-commercial use. This license does not include any right to:

• Reproduce, distribute, publicly display, or publicly perform any content from the Website;
• Modify, adapt, translate, or create derivative works based on Website content;
• Use any data mining, robots, or similar data gathering tools;
• Download or copy any account information for the benefit of another person or entity;
• Use the Website or its content for any commercial purpose without prior written consent.

6.2 User-Submitted Content

If you submit any content to the Website, including reviews, comments, photos, or feedback ("User Content"), you grant Costa Vida a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media or format, for any purpose, without compensation to you.

You represent and warrant that you own or have the necessary rights to submit User Content and that such content does not infringe any third-party rights or violate any applicable laws.

7. Food Safety, Allergen, and Nutritional Information

Costa Vida takes food safety seriously and strives to comply with all applicable United States federal, state, and local food safety regulations, including guidelines established by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

While we make reasonable efforts to provide accurate allergen and nutritional information on our Website and menus, we cannot guarantee that our food products are free from all allergens. Our food is prepared in kitchen environments where common allergens, including but not limited to gluten, nuts, dairy, soy, shellfish, and eggs, may be present. Customers with food allergies or dietary restrictions are strongly encouraged to consult with our staff directly before placing an order.

Costa Vida shall not be liable for any adverse reactions, illness, or injury resulting from consumption of our food products, except to the extent required by applicable law.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services, including but not limited to delivery partners, payment processors, and social media platforms. These third-party links are provided for your convenience only. Costa Vida does not control, endorse, or assume any responsibility for the content, privacy practices, or terms of any third-party websites or services.

Your use of third-party websites and services is governed by their respective terms and privacy policies. We encourage you to review those terms carefully. Costa Vida shall not be liable for any damages, losses, or claims arising from your use of or reliance on any third-party websites or services.

9. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY COSTA VIDA 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 WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

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 is limited to the maximum extent permitted by law.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, COSTA VIDA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, 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, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
• ANY CONTENT OBTAINED FROM THE WEBSITE;
• UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY FOOD PRODUCTS ORDERED THROUGH THE WEBSITE;
• ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT SHALL COSTA VIDA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED 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 (USD $100.00).

The limitations of liability set forth above shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or any other legal theory, even if Costa Vida has been advised of the possibility of such damages.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Costa Vida, its owners, officers, directors, employees, agents, licensors, affiliates, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of, or inability to use, the Website or Services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of a third party, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through the Website;
• Any fraudulent, deceptive, or unlawful conduct by you in connection with the Services;
• Any negligent or wrongful act or omission by you in connection with the Services.

Costa Vida reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with Costa Vida in the defense of any such claim. You may not settle any claim that imposes any obligation or liability on Costa Vida without Costa Vida's prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service 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's principal place of business is located, without regard to conflict of law principles.

To the extent that federal law applies, these Terms shall be subject to applicable United States federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), and other applicable federal consumer protection statutes.

Subject to the dispute resolution provisions below, you irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the United States for the resolution of any disputes arising out of or relating to these Terms or the Services, and you waive any objection to such jurisdiction or venue.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally by contacting Costa Vida at [email protected]. The parties agree to negotiate in good faith for a period of at least thirty (30) days from the date of the initial notice of the Dispute before pursuing formal dispute resolution.

13.2 Binding Arbitration

If the parties are unable to resolve a Dispute informally within thirty (30) days, you and Costa Vida agree that any Dispute shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language.

The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could award, except that the arbitrator shall have no authority to award punitive damages unless expressly permitted by applicable law. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

13.4 Exception — Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes that qualify under the applicable small claims court rules and jurisdictional limits, provided that the action remains in small claims court and does not seek relief on a class or representative basis.

13.5 Opt-Out Right

You have the right to opt out of the binding arbitration and class action waiver provisions by sending written notice to Costa Vida at [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration.

14. California Consumer Privacy Rights

If you are a resident of the State of California, you may have additional rights under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). These rights may include the right to know what personal information we collect, the right to delete personal information, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights.

For more information about how we collect, use, and share your personal information, and to exercise your California privacy rights, please refer to our Privacy Policy or contact us at [email protected].

15. Term and Termination

15.1 Duration

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or Services, unless earlier terminated in accordance with these Terms.

15.2 Termination by You

You may terminate your account and cease using the Services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations arising prior to termination, including any payment obligations.

15.3 Termination by Costa Vida

Costa Vida reserves the right, at its sole discretion, to suspend or terminate your access to all or any part of the Services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law or regulation;
• Suspected fraudulent, abusive, or illegal activity;
• Extended periods of account inactivity;
• Cessation of business operations or discontinuation of the Services.

15.4 Effect of Termination

Upon termination of these Terms or your account for any reason:

• Your license to use the Website and Services shall immediately terminate;
• You must immediately cease all use of the Website and Services;
• Provisions that by their nature should survive termination shall survive, including but not limited to Sections 6 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution).

16. 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 notify you by:

• Posting the revised Terms on this page with an updated "Last Updated" date;
• Sending a notification to the email address associated with your account, if applicable;
• Displaying a prominent notice on the Website's homepage or during the login or checkout process.

Your continued use of the Website or Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of the Website and Services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be accessible at cost-vida.digital.

17. Electronic Communications and Consent

By using our Website and Services, you consent to receiving electronic communications from Costa Vida, including emails, in-app notifications, and other digital messages. These electronic communications may include transactional messages (such as order confirmations and receipts), customer service communications, and promotional messages (subject to your communication preferences).

You agree that all notices, disclosures, agreements, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. This consent is made in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

To opt out of promotional communications, you may use the unsubscribe link in any marketing email or contact us at [email protected]. Please note that even if you opt out of promotional messages, you may still receive transactional and service-related communications.

18. Severability

If any provision of these Terms of Service is found to be invalid, illegal, unenforceable, or void by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any one provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties agree that a court or arbitrator shall have the authority to modify any invalid or unenforceable provision to give effect to the intent of the parties to the greatest extent possible under applicable law.

19. Waiver

The failure of Costa Vida to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by an authorized representative of Costa Vida. No waiver of any term, provision, or condition of these Terms shall be deemed a further or continuing waiver of such term, provision, or condition, or a waiver of any other term, provision, or condition.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements 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, both written and oral, with respect to the same subject matter.

Any ambiguities in these Terms shall not be construed against Costa Vida solely by virtue of Costa Vida having drafted them. These Terms shall be construed fairly according to their terms, without any strict construction in favor of or against either party.

21. Force Majeure

Costa Vida shall not be liable to you for any failure or delay in performing its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, wars, terrorist attacks, governmental regulations or orders, power outages, internet service disruptions, labor disputes, or supply chain disruptions. In such circumstances, Costa Vida's obligations under these Terms shall be suspended for the duration of the force majeure event.

22. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms, in whole or in part, without the prior written consent of Costa Vida. Any purported assignment without such consent shall be null and void.

Costa Vida may freely assign, transfer, or delegate its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent and without notice to you, provided that any such assignee agrees to be bound by these Terms.

23. Accessibility

Costa Vida is committed to making its Website and Services accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA). If you experience any difficulty accessing or using any portion of our Website due to a disability, please contact us at [email protected] and we will make reasonable efforts to provide you with the information or functionality you require through alternative means.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to exercise any of your rights described herein, please contact Costa Vida using the information below:

We will make every reasonable effort to respond to your inquiry within a timely manner. Please include your name, contact information, and a clear description of your question or concern in all communications.