Terms of Service

Please read these Terms of Service carefully before using the website located at costavidameal.digital (the "Site") or any services offered by Costa Vida (collectively, the "Services"). These Terms of Service constitute a legally binding agreement between you and Costa Vida.

1. Acceptance of Terms

By accessing, browsing, or using our Site at costavidameal.digital, placing an order, creating an account, or otherwise engaging with any of our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Service, you must immediately discontinue your use of the Site and our Services.

These Terms of Service apply to all visitors, users, customers, and any other persons who access or use our Services. By using our Services, you represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained verifiable parental or legal guardian consent to use our Services. Persons under the age of thirteen (13) are strictly prohibited from using or accessing our Services.

Your continued use of the Site following any updates or modifications to these Terms of Service constitutes your acceptance of and agreement to such changes. We encourage you to review these Terms of Service periodically to stay informed of any updates.

2. Description of Services

Costa Vida is a food service business operating in the United States, offering customers access to fresh, high-quality meals and dining experiences through our website at costavidameal.digital. Our Services include, but are not limited to:

• Online browsing of our food menu and product offerings;
• Online food ordering and delivery coordination;
• Pickup order placement and scheduling;
• Customer account creation and management;
• Promotional offers, loyalty programs, and discount code redemption;
• Customer support and communications via email and other channels;
• Provision of nutritional and allergen information regarding our menu items;
• Catering inquiries and service arrangements;
• Gift card purchasing and redemption; and
• Any other food-related services or features we may introduce from time to time.

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

Certain Services may be subject to additional terms and conditions, which will be presented to you at the time you elect to use such Services. Those additional terms are incorporated into these Terms of Service by reference.

3. User Accounts and Registration

Some features of our Services may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as requested during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Keep your password confidential and not share it with any third party;
• Be solely responsible for all activities that occur under your account; and
• Immediately notify us at [email protected] if you suspect any unauthorized use of your account or any other breach of security.

Costa Vida reserves the right to refuse registration, suspend, or terminate any account at our sole and absolute discretion, including but not limited to situations where we believe that you have violated these Terms of Service or applicable law. You may not transfer your account to any other person or entity without our prior written consent.

4. User Obligations and Prohibited Activities

As a user of our Services, you agree to use the Site and our Services solely for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone else's use and enjoyment of the Services.

4.1 General Obligations

You agree to:

• Comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act), the California Consumer Privacy Act (CCPA/CPRA) if applicable, and all food safety regulations;
• Provide truthful and accurate information when placing orders or interacting with our Services;
• Use the Services only for personal, non-commercial purposes unless you have obtained express written authorization from Costa Vida;
• Promptly pay all amounts due for products and services ordered through the Site; and
• Cooperate with Costa Vida in good faith in connection with your use of the Services.

4.2 Prohibited Activities

You agree that you will NOT:

• Use the Site or Services in any unlawful manner or for any unlawful purpose;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services;
• Introduce or transmit any viruses, malware, spyware, worms, Trojan horses, or other harmful or malicious code to the Site or our systems;
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means;
• Use any automated tools, bots, scrapers, or spiders to collect information from the Site without our express written permission;
• Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
• Attempt to reverse engineer, decompile, or disassemble any software or systems used in connection with the Site;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from Costa Vida;
• Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
• Use the Site to send unsolicited commercial communications or spam;
• Fraudulently use or attempt to use promotional codes, discount offers, or loyalty program benefits;
• Use another user's account, or allow another person to use your account; or
• Engage in any other conduct that, in Costa Vida's sole judgment, restricts or inhibits any person from using or enjoying the Services or that may harm Costa Vida, its users, or third parties.

Any violation of these prohibited activities may result in the immediate termination of your account and access to Services, and may expose you to civil and/or criminal liability.

5. Payment Terms

When you place an order through our Site, you agree to pay all applicable charges associated with your order, including the price of the items, applicable taxes, service fees, and any delivery charges, as displayed at the time of purchase.

5.1 Payment Methods

We accept various payment methods as indicated on our Site at the time of checkout. By submitting a payment, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full order amount to that payment method.

5.2 Pricing and Taxes

All prices displayed on our Site are in United States Dollars (USD). Prices are subject to change at any time without prior notice. Applicable sales taxes will be calculated based on the applicable tax rate at the time of purchase and will be added to your order total. You are responsible for all taxes applicable to your order.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you experience an issue with your order — including receiving incorrect items or experiencing a quality concern — please contact us immediately at [email protected]. We will review each situation on a case-by-case basis and, at our sole discretion, may offer a replacement, credit, or refund as appropriate.

Order cancellations may be accommodated if requested before food preparation has commenced. Once food preparation has begun, cancellations may not be accepted. Costa Vida reserves the right to refuse or cancel any order at any time for any reason, including concerns about fraud or pricing errors.

5.4 Gift Cards

Gift cards purchased through our Site are subject to separate terms and conditions provided at the time of purchase. Gift cards are non-refundable and cannot be exchanged for cash except where required by applicable law.

6. Intellectual Property Rights

The Site and all of its contents, including but not limited to text, graphics, images, photographs, logos, trademarks, service marks, trade dress, icons, button icons, audio clips, software, and the compilation thereof (collectively, "Content"), are the exclusive property of Costa Vida or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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

• Any resale or commercial use of the Site or Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Site or Content;
• Any downloading or copying of account information for the benefit of another party; or
• Any use of data mining, robots, or similar data gathering and extraction tools.

You may not reproduce, publish, distribute, display, perform, modify, create derivative works from, transmit, or otherwise exploit any Content without the prior express written permission of Costa Vida. Any unauthorized use of the Content may violate copyright, trademark, and other applicable laws, and may result in civil and criminal penalties.

All trademarks, service marks, logos, and trade names displayed on the Site are the registered and unregistered marks of Costa Vida or its licensors. Nothing in these Terms of Service should be construed as granting any license or right to use any trademark, logo, or trade name without the express written consent of the respective owner.

6.1 User-Generated Content

If you submit, post, or transmit any content to our Site, including reviews, comments, photos, or feedback (collectively, "User Content"), you grant Costa Vida a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with operating and promoting our Services.

You represent and warrant that you own or have the necessary rights to the User Content you submit, and that the User Content does not infringe any third party's intellectual property rights, privacy rights, or any other rights. Costa Vida reserves the right, but not the obligation, to monitor and remove any User Content at our sole discretion.

7. Disclaimers and Warranties

7.1 As-Is Basis

Costa Vida does not warrant that:

• The Site or Services will be uninterrupted, timely, secure, or error-free;
• The results obtained from the use of the Site or Services will be accurate or reliable;
• Any errors in the Site or Services will be corrected;
• The Site is free of viruses or other harmful components; or
• The nutritional or allergen information displayed on the Site is complete or free of error, as menu items and ingredients may vary by location or availability.

7.2 Food Allergen Disclaimer

While we strive to provide accurate allergen and nutritional information, our food products are prepared in facilities where allergens including but not limited to gluten, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish may be present. We cannot guarantee that any menu item is completely free from any particular allergen. Customers with food allergies or dietary restrictions are solely responsible for determining whether our products are appropriate for their consumption. We strongly encourage customers with severe food allergies to contact us directly before placing an order.

7.3 Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by Costa Vida. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

8. Limitation of Liability

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, Costa Vida's liability shall be limited to the maximum extent permitted by law.

Without limiting the foregoing, Costa Vida's total cumulative liability to you for all claims arising out of or relating to these Terms of Service or your use of the Services shall not exceed the greater of: (a) the amount you paid to Costa Vida in the twelve (12) months immediately preceding the claim giving rise to liability; or (b) one hundred United States Dollars ($100.00).

Some states, including certain consumer protections under the FTC Act, do not allow certain limitations of liability. Nothing in these Terms of Service shall limit or exclude any liability that cannot be lawfully limited or excluded under applicable federal or state law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its affiliates, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all 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 of the Site or Services in a manner not authorized by these Terms of Service;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or publicity rights;
• Any User Content you submit or transmit through the Site; or
• Any misrepresentation made by you in connection with your use of the Services.

Costa Vida reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Costa Vida. Costa Vida will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or your use of the Services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Costa Vida's principal place of business is registered, without giving effect to any conflict of law principles that would require or permit the application of the laws of any other jurisdiction.

To the extent that any dispute is not subject to arbitration as set forth in Section 11 below, you consent to the exclusive personal jurisdiction of the federal and state courts located in the United States for the resolution of any such disputes. You waive any objection to the laying of venue in such courts and waive any objection that such courts are an inconvenient forum.

Costa Vida's Services are intended for use within the United States. We make no representation that the Services are appropriate or available for use in other locations. Those who choose to access the Services from outside the United States do so on their own initiative and are solely responsible for compliance with local laws to the extent applicable.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Costa Vida at [email protected] and provide a written description of your complaint. Costa Vida will attempt to resolve your concern informally within thirty (30) days of receipt of your written notice. If the matter is not resolved to your satisfaction within that period, either party may proceed with formal dispute resolution as described below.

11.2 Binding Arbitration

Except for disputes relating to the enforcement of intellectual property rights and as otherwise provided herein, any dispute, controversy, or claim arising out of or relating to these Terms of Service, the Services, or any breach thereof that cannot be resolved informally shall be finally settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), as amended from time to time. The arbitration shall be conducted in English and shall take place in the United States.

The arbitrator shall have authority to grant any remedy or relief that a court of competent jurisdiction could order or grant, except that the arbitrator shall have no authority to grant relief that is not specifically permitted under these Terms of Service. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You agree that any arbitration shall be conducted on an individual basis and not as a class action, collective action, or representative action. Neither you nor Costa Vida may act as a class representative or private attorney general, nor participate as a member of a class of claimants with respect to any arbitration.

11.3 Class Action Waiver

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute by arbitration. Nothing in this Section shall be deemed to waive any right that cannot be waived under applicable law, including rights under the FTC Act or applicable state consumer protection statutes.

12. Term and Termination

These Terms of Service are effective from the date you first access or use our Services and shall remain in full force and effect while you continue to use the Services, unless earlier terminated in accordance with this Section.

12.1 Termination by You

You may terminate your use of the Services and, if applicable, close your account at any time by contacting us at [email protected] and requesting account closure. Termination of your account will not affect any rights or obligations that arose prior to termination, including any outstanding payment obligations.

12.2 Termination by Costa Vida

Costa Vida reserves the right, in its sole and absolute discretion, to suspend or terminate your account and access to the Services at any time, with or without notice, and without liability to you, for any reason whatsoever, including but not limited to:

• Your breach or violation of any provision of these Terms of Service;
• A request by law enforcement or government authority;
• Conduct that we determine is harmful to other users, third parties, or Costa Vida's business interests;
• Fraudulent, illegal, or abusive conduct; or
• Extended periods of account inactivity.

12.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, payment obligations, disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

13. Changes to Terms of Service

Costa Vida reserves the right to modify, update, or revise these Terms of Service at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you via email to the address associated with your account or through a prominent notice on the Site.

It is your responsibility to review these Terms of Service periodically for any changes. Your continued use of the Site or Services following the posting of revised Terms of Service constitutes your acceptance of and agreement to the revised terms. If you do not agree to the revised Terms of Service, you must immediately discontinue your use of the Services.

We will endeavor to provide at least thirty (30) days' advance notice for any material changes to these Terms of Service. However, changes required by law may take effect immediately.

14. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, available on our website at costavidameal.digital, which is incorporated into these Terms of Service by reference. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect about you, the right to request deletion of your personal information, the right to opt out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights. Please refer to our Privacy Policy for more information about your rights and how to exercise them.

15. Electronic Communications

By using our Services or communicating with us electronically, you consent to receive electronic communications from Costa Vida. These communications may include notices about your account, order confirmations, promotional offers, and other information concerning or related to the 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 promotional emails at any time by following the unsubscribe instructions included in those emails or by contacting us at [email protected]. Please note that even after opting out of promotional communications, you will continue to receive transactional communications related to your orders and account.

16. Force Majeure

Costa Vida shall not be liable for any failure or delay in performing our obligations under these Terms of Service if such failure or delay arises from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, labor disputes or strikes, governmental regulations or orders, war, terrorism, civil unrest, power outages, internet service provider failures, or other events of force majeure. In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will endeavor to resume performance as soon as reasonably practicable.

17. Severability

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

The parties agree that they would have entered into these Terms of Service and each provision hereof irrespective of the fact that one or more provisions may be declared invalid or unenforceable, and that these Terms of Service shall be construed as if such invalid or unenforceable provision had not been contained herein, to the maximum extent possible.

18. Waiver

No waiver by Costa Vida of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Costa Vida to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. A waiver is only effective if it is in writing and signed by an authorized representative of Costa Vida.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated by reference herein, constitute the entire agreement between you and Costa Vida with respect to your use of the Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

These Terms of Service may not be modified by any course of dealing, course of performance, or usage of trade. No modification of these Terms of Service shall be binding unless it is in writing and signed by an authorized representative of Costa Vida.

20. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms of Service without the prior written consent of Costa Vida. Any attempted assignment in violation of this Section shall be null and void. Costa Vida may freely assign these Terms of Service, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

21. Headings

The section headings used in these Terms of Service are for convenience of reference only and shall not affect the interpretation of any provision herein. Headings shall not be given any legal weight in interpreting the provisions of these Terms of Service.

22. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service or our Services, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries in a timely and professional manner.

For legal notices required under these Terms of Service, please submit your notice in writing via email to [email protected] with the subject line "Legal Notice — Terms of Service." We will acknowledge receipt of formal legal notices within five (5) business days.

Terms of Service last updated: May 28, 2026. © 2026 Costa Vida. All rights reserved.