Terms of Service

Effective Date: April 3, 2026  |  Last Updated: April 3, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), the operator of the website located at costavida.click (the "Website"). By accessing, browsing, or otherwise using this Website or any services, features, content, or applications offered by Costa Vida, you agree to be fully bound by these Terms.

Your use of this Website constitutes your acceptance of these Terms as of the date of first use. If you are using this Website on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both the individual user and that organization.

These Terms apply to all visitors, users, and others who access or use the Website, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content. Costa Vida reserves the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Description of Services

Costa Vida is a food-focused business operating in the United States. Our Website provides users with access to a range of services and information related to our food offerings, including but not limited to:

• Browsing our menu offerings, including food and beverage items;
• Placing online orders for pickup, delivery, or catering services (where available);
• Accessing nutritional information, allergen disclosures, and ingredient details;
• Creating and managing a user account to store order history and preferences;
• Participating in loyalty programs, promotions, or special offers;
• Locating Costa Vida restaurant locations and hours of operation;
• Contacting our customer service team for support or inquiries;
• Accessing news, updates, and marketing materials about Costa Vida products and services.

Costa Vida reserves the right, at any time and without prior notice, to modify, suspend, or discontinue any portion of our services. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. We may also impose limits on certain features and services or restrict your access to all or part of the Website without notice or liability.

Our food services are intended for consumption within the United States. Menu items, pricing, availability, and nutritional information may vary by location. Not all menu items may be available at all participating locations, and Costa Vida makes no guarantee as to the continuous availability of any specific product or service.

3. User Eligibility and Account Registration

By using this Website, you represent and warrant that:

• You are at least 13 years of age. If you are under the age of 18, you must have the permission and supervision of a parent or legal guardian to use this Website;
• You are a legal resident of the United States or otherwise have the legal right to use and access this Website;
• You will not use this Website for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations;
• All registration information you submit is truthful, accurate, current, and complete;
• You will maintain and promptly update your account information to keep it accurate and current.

To access certain features of our Website, you may be required to register for an account. When registering, you agree to provide accurate, complete, and up-to-date information. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to immediately notify Costa Vida of any unauthorized use of your account or any other breach of security. Costa Vida will not be liable for any loss or damage arising from your failure to comply with this section.

4. User Obligations and Prohibited Activities

By using this Website, you agree to use it only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You agree not to use the Website:

• In any way that violates any applicable federal or state law or regulation, including but not limited to laws regarding consumer protection, food safety, privacy, or intellectual property;
• To transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate Costa Vida, a Costa Vida employee, another user, or any other person or entity;
• To engage in any conduct that restricts or inhibits any person's use or enjoyment of the Website, or which, as determined by us, may harm Costa Vida or users of the Website or expose them to liability;
• To collect or harvest any personally identifiable information from the Website without authorization;
• To use any automated means, including bots, scrapers, or crawlers, to access the Website for any purpose without our express written permission;
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• To use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website;
• To engage in fraudulent conduct, including submitting false orders, providing false payment information, or misrepresenting your identity;
• To resell, sublicense, or otherwise commercially exploit any portion of the Website or its content without the prior written consent of Costa Vida;
• To post, upload, or transmit any content that is defamatory, obscene, abusive, offensive, or otherwise objectionable.

Violation of any of these prohibited activities may result in immediate termination of your access to the Website, as well as potential civil or criminal liability. Costa Vida reserves the right to cooperate fully with law enforcement authorities and to disclose your identity or other information about you if we believe such disclosure is necessary to comply with any applicable law, legal process, or governmental request.

5. Online Ordering and Payment Terms

Where Costa Vida offers online ordering through the Website, the following terms apply:

5.1 Order Placement and Acceptance

When you place an order through the Website, you are making an offer to purchase the items listed in your order at the stated price. Costa Vida reserves the right to accept or decline any order at our sole discretion. An order is considered accepted only upon confirmation from Costa Vida, which may be provided via email or on-screen notification. Menu availability and pricing are subject to change without prior notice.

5.2 Pricing and Taxes

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Sales tax will be calculated and applied at checkout based on the applicable tax rates for your location. Costa Vida reserves the right to correct any pricing errors and will notify you if an error affects your order. You will have the option to proceed with the corrected price or cancel your order in such cases.

5.3 Payment Methods

Costa Vida accepts various payment methods as indicated on the Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate and complete. Costa Vida uses industry-standard encryption and security measures to protect your payment information in compliance with applicable standards, including the Payment Card Industry Data Security Standard (PCI DSS).

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of your order and the timing of the cancellation request. For questions regarding refunds or cancellations, please contact us at [email protected]. Costa Vida will make commercially reasonable efforts to accommodate cancellation requests made before an order has been prepared, but cannot guarantee cancellations for orders already in preparation.

6. Food Allergen and Nutritional Information

Costa Vida strives to provide accurate and up-to-date nutritional and allergen information on our Website. However, please be aware that:

• Menu items may be prepared in facilities that also handle common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, fish, and shellfish;
• Cross-contact with allergens is possible despite our best efforts to maintain safe food handling practices;
• Nutritional values are estimates and may vary based on portion size, preparation methods, and supplier variations;
• It is the user's responsibility to review allergen information and consult with our staff before placing an order if you have dietary restrictions or food allergies.

Costa Vida strongly encourages individuals with severe food allergies or dietary restrictions to contact us directly at [email protected] before ordering to discuss your specific needs. Costa Vida shall not be liable for adverse reactions resulting from inaccurate allergen disclosures arising from user failure to disclose allergy information or from unforeseeable cross-contact during food preparation.

7. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof — are the exclusive property of Costa Vida or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its 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 Website or its contents;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Website or its contents;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Unauthorized use of the Website or its content terminates the permission or license granted by Costa Vida and may violate applicable copyright, trademark, and other laws, resulting in civil and/or criminal penalties.

8. User-Generated Content

If you submit, post, upload, or otherwise make available any content to the Website, including reviews, comments, photos, or other materials ("User Content"), you grant Costa Vida a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that: (i) you own or control all rights to the User Content you submit; (ii) the User Content is accurate and not misleading; and (iii) use of the User Content does not violate these Terms or any applicable law, regulation, or the rights of any third party.

Costa Vida reserves the right, but is not obligated, to monitor, edit, or remove User Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of these Terms.

9. Privacy and Data Protection

Costa Vida is committed to protecting your personal information. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent required by applicable law, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) for general consumer protection in the United States, Costa Vida complies with all applicable privacy and data protection regulations. For more information about your privacy rights, please review our Privacy Policy or contact us at [email protected].

10. Disclaimer of Warranties

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

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 UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE;
• WARRANTIES THAT DEFECTS, IF ANY, WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you in its entirety. In such jurisdictions, Costa Vida's warranties are limited to the minimum extent permitted by applicable law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT WILL COSTA VIDA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, 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 any services;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any food product purchased or consumed in connection with our services;
• Any other matter relating to the Website or our services.

IN ANY CASE, COSTA VIDA'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Costa Vida and you. The Website and services would not be provided without such limitations. Some states do not allow certain limitations of liability, so the above limitations may not apply to you in their entirety.

12. Indemnification

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

• Your violation of these Terms;
• Your use of the Website, including any data or content transmitted or received by you;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or consumer protection rights;
• Your violation of any applicable federal, state, or local law, regulation, or rule;
• Any content or materials submitted by you through the Website;
• Any willful misconduct or gross negligence on your part.

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 these claims. You agree not to settle any such claim 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.

13. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Costa Vida. Costa Vida has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that Costa Vida shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link on the Website does not imply endorsement, approval, or recommendation by Costa Vida of the linked site or any association with its operators.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Costa Vida's principal place of business is located, without giving effect to any choice or conflict of law provision or rule.

You agree that any legal action or proceeding relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the federal and state courts located in the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts and any claim of inconvenient forum.

Costa Vida's operations are subject to applicable federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce, as well as applicable state consumer protection statutes. For California residents, additional rights and protections apply under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) and the California Privacy Rights Act.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Costa Vida at [email protected] with a written description of your dispute. Costa Vida will attempt to respond within thirty (30) days of receipt. If we are unable to resolve the dispute informally within sixty (60) days, either party may proceed to formal dispute resolution as described below.

15.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, and except as expressly provided below, you and Costa Vida agree that any and all disputes, controversies, or claims arising out of or relating to these Terms or the Website — including the formation, validity, interpretation, breach, or termination thereof — shall be resolved through final and binding arbitration, rather than in court, in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

Arbitration will be conducted by a neutral arbitrator under the rules of the American Arbitration Association (AAA) or JAMS, as mutually agreed upon. The arbitration shall be conducted on an individual basis and not as a class, collective, or representative action.

15.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Costa Vida agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15.4 Exceptions to Arbitration

Notwithstanding the foregoing, the following types of claims are excluded from the arbitration agreement: (i) claims involving intellectual property infringement; (ii) claims that may be brought in small claims court; and (iii) claims for emergency injunctive relief where irreparable harm would result from delay.

16. Term and Termination

These Terms shall remain in full force and effect while you use the Website or any services offered by Costa Vida. Costa Vida reserves the right, at its sole discretion, to:

• Suspend or terminate your access to the Website and any associated accounts at any time, with or without cause, and with or without notice;
• Deny access to the Website or any portion thereof to any person at any time and for any reason;
• Change, suspend, or discontinue all or any aspect of the Website at any time.

Upon termination of your access to the Website for any reason, the following provisions of these Terms shall survive: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination.

17. Changes to Terms of Service

Costa Vida reserves the right, at our sole discretion, to modify, amend, or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where feasible, notify you through the Website or via email to the address associated with your account.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or any services following the posting of revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the new terms, you must stop using the Website and close your account if applicable.

Material changes to these Terms — including changes that significantly affect your rights or obligations — will be communicated with at least thirty (30) days' notice before taking effect, where practicable. Non-material changes may take effect immediately upon posting.

18. Severability

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, shall be severed from these Terms. The remaining provisions of these Terms will continue in full force and effect.

The failure of Costa Vida to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Costa Vida. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by Costa Vida on the Website, constitute the entire agreement between you and Costa Vida with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, regarding such subject matter.

No amendment to or modification of these Terms will be binding unless made in writing and signed by a duly authorized representative of Costa Vida. The parties confirm that it is their wish that these Terms, as well as any notices and other documents required or permitted by these Terms, be drawn up in the English language only.

20. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, government actions, labor disputes, power failures, internet disruptions, or other circumstances outside Costa Vida's reasonable control.

21. Electronic Communications

By using the Website and providing your email address, you consent to receiving electronic communications from Costa Vida. These communications may include notices about your account, order confirmations, promotional materials, and updates to our policies. You agree that all agreements, notices, disclosures, and other communications that Costa Vida provides to you electronically, via email or on the Website, satisfy any legal requirement that such communications be in writing.

If you wish to opt out of promotional emails, you may do so by following the unsubscribe instructions in each promotional email. Please note that you may continue to receive transactional and operational communications even if you opt out of promotional communications.

22. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service or the practices of Costa Vida, or if you need to report any violations of these Terms, please contact us using the following information: