Terms of Service

Effective Date: May 6, 2026  |  Last Updated: May 6, 2026

1. Acceptance of Terms

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 food-costavida.rest (the "Website") and all related services, content, features, and functionality offered by Costa Vida (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to any program, or otherwise engaging with our Services, you expressly agree to be bound by these Terms. Your continued use of the Website after any modifications to these Terms constitutes your acceptance of those modifications.

These Terms apply to all visitors, registered users, customers, and any other individuals who access or use our Services. If you are using the 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 in such case, "you" and "your" will refer to that entity.

You must be at least 18 years of age to enter into this Agreement and use our Services. By using our Services, you represent and warrant that you are at least 18 years old or, if you are between 13 and 18 years of age, that you are using the Services under the supervision 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 within the United States. We offer a variety of services through our Website and physical locations, which may include but are not limited to:

• Online Ordering: The ability to browse our menu and place food orders for pickup or delivery through the Website or third-party delivery platforms.
• Menu Information: Display of our current food and beverage menu items, including descriptions, pricing, nutritional information, and allergen disclosures.
• Catering Services: Arrangements for catering orders for events, corporate gatherings, and private functions.
• Loyalty and Rewards Programs: Optional customer loyalty or rewards programs that allow users to earn and redeem points or benefits on qualifying purchases.
• Promotional Offers: Access to special deals, coupons, discount codes, limited-time offers, and promotional campaigns.
• Account Management: The ability to create and manage a personal account to track orders, save preferences, and manage payment information.
• Customer Support: Access to customer support resources, FAQs, and direct communication channels for inquiries and complaints.
• Location Services: Tools to find Costa Vida restaurant locations, hours of operation, and contact details.

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

Menu items, pricing, availability, and nutritional information are subject to change without notice and may vary by location. Images displayed on the Website are for illustrative purposes only and may not exactly represent the final product served.

3. User Accounts and Registration

Certain features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information as prompted by the registration form and to maintain and update such information to keep it accurate, current, and complete.

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 breach of security. We will not be liable for any loss or damage resulting from your failure to protect your account credentials.

You agree that you will not create more than one account per individual, create an account on behalf of another person without their explicit consent, or use another person's account without authorization. We reserve the right to refuse registration, cancel accounts, or remove content at our sole discretion.

4. User Obligations and Prohibited Activities

By using our Services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to those of the United States. You further agree to use our Services only for lawful purposes and in accordance with these Terms.

4.1 General User Obligations

• Provide accurate and truthful information when placing orders, registering accounts, or communicating with us.
• Use the Services only for personal, non-commercial purposes unless expressly authorized by us in writing.
• Comply with all applicable food safety, health, and consumer protection regulations.
• Promptly notify us of any errors in your orders or billing discrepancies.
• Treat Costa Vida staff, representatives, and other users with respect and dignity.

4.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Fraudulent Activity: Using stolen payment information, submitting false orders, filing fraudulent chargebacks, or engaging in any form of financial fraud.
• System Interference: Attempting to interfere with, disrupt, or gain unauthorized access to our servers, networks, databases, or any systems connected to the Website.
• Data Scraping: Using automated tools, bots, scrapers, or similar technologies to collect data from our Website without our prior written consent.
• Impersonation: Impersonating any person or entity, including Costa Vida employees, or misrepresenting your affiliation with any person or entity.
• Spam and Unsolicited Communications: Sending unsolicited communications, promotional materials, or spam to Costa Vida or other users.
• Abusive Behavior: Engaging in harassment, threats, defamation, or abusive behavior toward Costa Vida staff or any third party.
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works based on our content without explicit written authorization.
• Violation of Law: Using our Services in connection with any activity that violates applicable federal, state, or local laws, including the Federal Trade Commission Act (FTC Act), consumer protection laws, food safety regulations, and any other applicable statutes.
• Circumventing Security Measures: Attempting to bypass, disable, or circumvent any security features or access controls implemented on the Website.
• Resale of Services: Reselling, sublicensing, or otherwise transferring your right to use our Services to any third party without our prior written consent.
• Malicious Code: Uploading, transmitting, or distributing any virus, malware, spyware, or any other malicious code that could damage our systems or those of other users.

Violation of any of the above prohibited activities may result in immediate termination of your account, prohibition from future use of our Services, and may subject you to legal action under applicable federal and state laws.

5. Orders, Payments, and Refund Policy

5.1 Placing Orders

When you place an order through our Website or in-store, you are making an offer to purchase the items selected at the prices listed. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, inaccuracies in product or pricing information, suspected fraudulent activity, or unavailability of menu items.

You are responsible for ensuring that your order details, including delivery address (if applicable), contact information, and special instructions, are accurate at the time of placement. We are not responsible for orders that cannot be fulfilled or delivered due to inaccurate information provided by you.

5.2 Pricing and Payment

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable state and local sales taxes. Prices are subject to change without notice. The price charged for an order will be the price in effect at the time the order is placed.

We accept various forms of payment, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets, and other payment methods as specified on the Website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order.

In the event that your payment is declined or results in a chargeback, we reserve the right to suspend or terminate your account and pursue collection of any outstanding amounts owed through lawful means.

5.3 Refunds and Cancellations

Our refund and cancellation policy is as follows: Once an order has been placed and confirmed, cancellations may not be possible. If you have a concern about your order quality, accuracy, or any other issue, please contact us immediately at [email protected]. We will review each request on a case-by-case basis and, where appropriate, may offer a refund, replacement, or store credit at our sole discretion.

Refunds, if approved, will be processed to the original payment method within 5–10 business days, depending on your financial institution's policies.

6. Intellectual Property Rights

All content available on or through our Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Costa Vida or its content suppliers and is protected by United States copyright law, trademark law, and international intellectual property conventions.

The Costa Vida name, logo, trade dress, and all related names, logos, product and service names, designs, and slogans are trademarks of Costa Vida. You may 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.

6.1 Limited License

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

• Reproduce, distribute, publicly display, or create derivative works from any content on the Website;
• Use any data mining, robots, or similar data gathering and extraction tools;
• Download or copy account information for the benefit of another party;
• Use our content for commercial purposes without our express written consent.

Any unauthorized use of our intellectual property terminates the permission or license granted by us and may violate applicable copyright, trademark, and other laws.

6.2 User-Submitted Content

If you submit any content to us, including reviews, feedback, photos, or suggestions ("User Content"), you grant Costa Vida a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our business operations. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe on the rights of any third party.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE WEBSITE;
• WARRANTIES RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

Nutritional information, allergen disclosures, and ingredient lists provided on our Website are for informational purposes only and are subject to change. While we make reasonable efforts to ensure accuracy, we cannot guarantee that this information is always up-to-date. Customers with food allergies, dietary restrictions, or specific health concerns are strongly encouraged to consult with our staff directly before placing an order.

We do not warrant that our Website will be compatible with all hardware and software systems or that any defects will be corrected. Your use of the Website and Services is at your sole risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR AFFILIATES 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 our Services or any food products purchased;
• Any unauthorized access to or use of our servers and/or any personal information stored therein;
• Any interruption or cessation of transmission to or from our Website;
• Any bugs, viruses, or similar harmful code transmitted through our Website by any third party;
• Any errors or omissions in any content posted, transmitted, or otherwise made available through the Website.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING THE FOREGOING, IF COSTA VIDA IS FOUND TO BE LIABLE TO YOU FOR ANY REASON, OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, the above limitations may not apply to you to the extent prohibited by applicable law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of the Website or Services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your User Content or any content you submit, post, or transmit through the Website;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or consumer protection rights;
• Any fraudulent, intentional, or negligent acts or omissions on your part;
• Any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims and not to settle any matter without our prior written consent.

10. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy describes how we collect, use, store, and disclose your personal information. By using our Services, you consent to the data practices described in our Privacy Policy.

We are committed to protecting your privacy in accordance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) regarding unfair or deceptive practices related to consumer data. Please review our Privacy Policy at food-costavida.rest for complete information about our data practices.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications ("Third-Party Services") that are not owned or controlled by Costa Vida. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of any Third-Party Services and expressly disclaim any responsibility for them.

We do not endorse or make any representations about Third-Party Services, and your access to and use of any Third-Party Services is entirely at your own risk and subject to the terms and conditions and privacy policies of those third parties. We strongly encourage you to read the terms and privacy policies of any Third-Party Services you visit.

Third-party delivery platforms, payment processors, and technology partners we work with operate under their own independent terms of service, and Costa Vida is not responsible for their operations, service quality, or any disputes arising from your use of those platforms.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws, without regard to any choice or conflict of law provisions.

Subject to the Dispute Resolution section below, you agree that any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the appropriate federal or state courts located within the United States, and you hereby consent to the personal jurisdiction and venue of such courts. You waive any objection to the laying of venue of any such proceeding in such courts and waive any claim that such proceedings have been brought in an inconvenient forum.

These Terms shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which our principal place of business is located, to the extent not preempted by federal law. Our Services are operated from and directed to users within the United States, and we do not represent that our Services are appropriate or available for use outside the United States.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Costa Vida at [email protected] to describe the nature of your dispute and seek an informal resolution. We will make good faith efforts to resolve the dispute within thirty (30) days of receiving your written notice. This informal dispute resolution process is a prerequisite to any formal legal action.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) or JAMS, at our discretion. The arbitration shall be conducted in the English language.

The arbitrator shall have the authority to award any remedy available in a court of law, but the arbitrator may not award declaratory or injunctive relief except to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The costs and fees of arbitration shall be allocated in accordance with the applicable arbitration rules. If the arbitrator finds your claim to be frivolous, you agree to reimburse Costa Vida for all reasonable attorneys' fees, costs, and expenses incurred in connection with the arbitration.

13.3 Class Action Waiver

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Additionally, claims that may be brought in small claims court, if they otherwise qualify, may be brought in such court.

14. Food Safety and Allergen Information

Costa Vida takes food safety seriously and endeavors to comply with all applicable federal and state food safety regulations, including those enforced by the United States Food and Drug Administration (FDA) and relevant state health departments. We train our staff in food handling, preparation, and safety practices.

However, please be aware that our food products may contain or come into contact with common allergens, including but not limited to wheat, gluten, dairy, eggs, soy, tree nuts, peanuts, fish, and shellfish. While we make reasonable efforts to accommodate dietary restrictions and allergen concerns, we cannot guarantee that cross-contamination will not occur in our kitchen environments.

Customers with severe food allergies or serious dietary restrictions assume responsibility for communicating their needs clearly to our staff and for making informed decisions about consuming our food products. Costa Vida shall not be liable for adverse reactions resulting from consumption of our food products where you have failed to disclose relevant dietary restrictions or allergies.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or Services, or maintain an account with us. We reserve the right to:

• Terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including if you breach any provision of these Terms;
• Discontinue providing any or all of our Services at any time, with or without notice;
• Remove any content you have submitted to our Website if we determine, in our sole discretion, that such content violates these Terms or any applicable law.

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

Provisions of these Terms that, by their nature, should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

16. Changes to Terms

We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also, but are not obligated to, provide additional notice of significant changes via email to the address associated with your account or through a prominent notice on our Website.

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

17. Electronic Communications

By using our Services and providing us with your email address or other contact information, you consent to receive electronic communications from Costa Vida. These communications may include order confirmations, promotional offers, account updates, and other information related to our Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving marketing communications from us at any time by following the unsubscribe instructions included in those communications or by contacting us at [email protected]. Please note that even after opting out of marketing communications, you may continue to receive transactional and administrative communications from us related to your account and orders.

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties agree to replace any invalid or unenforceable provision with a valid provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.

19. 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 us on the Website, constitute the entire agreement between you and Costa Vida concerning the subject matter herein and supersede all prior and contemporaneous negotiations, discussions, agreements, representations, and understandings with respect to such subject matter.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver by us of any breach or default shall not be deemed a waiver of any subsequent breach or default and shall not affect the other terms of these Terms. No oral waiver, amendment, or modification of these Terms shall be effective.

20. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of our obligations under these Terms arising from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics or public health emergencies, government orders or regulations, labor disputes or strikes, supply chain disruptions, power outages, internet service provider failures, or any other events beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, we will endeavor to notify you as soon as reasonably practicable and resume performance as soon as possible.

21. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. Costa Vida may freely assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

22. Compliance with Laws

You agree to comply with all applicable local, state, federal, and international laws, regulations, and ordinances in connection with your use of our Website and Services. This includes compliance with the Federal Trade Commission Act (FTC Act) and applicable consumer protection laws, food safety regulations administered by the FDA, applicable state consumer protection statutes, and the California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA) if you are a California resident.

Our operations comply with applicable United States laws and regulations governing food service businesses, including health codes, labor laws, and consumer protection statutes. We reserve the right to report any unlawful activity to appropriate law enforcement authorities.

23. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to contact us for any reason, please reach out to us through any of the following channels:

We endeavor to respond to all legitimate inquiries within five (5) business days. For urgent matters, please clearly indicate the urgency in the subject line of your email. For disputes or legal notices, please ensure that your written communication clearly identifies the nature of the matter and includes your full name and contact information.