Terms of Service

1. Introduction and Acceptance

Welcome to Costa Vida ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your use of our website located at costa-vida.rest, our food delivery services, mobile applications, and any related services (collectively, the "Services").

By accessing or using our Services, placing an order, creating an account, or otherwise engaging with Costa Vida, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use our Services.

1.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete information when creating an account
• Comply with all applicable laws and regulations

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our Services after any changes constitutes acceptance of the new Terms.

2. Definitions

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

• "We," "Us," "Our," or "Company" refers to Costa Vida and its affiliates, employees, agents, and representatives.
• "You," "Your," or "User" refers to any individual or entity accessing or using our Services.
• "Services" includes our website, mobile applications, food preparation and delivery services, customer support, and all related features and functionality.
• "Content" means all text, images, videos, audio, graphics, data, and other materials available through our Services.
• "Website" refers to costa-vida.rest and any associated domains or subdomains.
• "Order" means a request for food items and services placed through our platform.
• "Delivery Zone" refers to the geographic areas where we provide delivery services.

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Personal, non-commercial use for ordering food and beverages
• Browsing our menu and restaurant information
• Creating and managing your account
• Communicating with our customer service team
• Providing feedback and reviews about our services

3.2 Prohibited Use

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

• Any illegal activities or purposes that violate local, state, federal, or international laws
• Uploading, posting, or transmitting harmful, offensive, or inappropriate content
• Attempting to gain unauthorized access to our systems, servers, or networks
• Reproducing, duplicating, copying, selling, or exploiting any portion of our Services without permission
• Using automated systems (bots, scrapers, etc.) to access our Services
• Sending spam, unsolicited communications, or promotional materials
• Providing false, misleading, or inaccurate information
• Interfering with or disrupting the operation of our Services
• Impersonating any person or entity or falsely representing your affiliation
• Using our Services to compete with us or for commercial purposes without authorization

4. User Accounts

To access certain features of our Services, you may be required to create an account.

4.1 Registration Requirements

When creating an account, you must provide accurate, current, and complete information, including:

• Full name and contact information
• Valid email address
• Delivery address within our service area
• Payment information for order processing

4.2 Account Security

You are solely responsible for maintaining the security of your account and password. You agree to:

• Choose a strong, unique password
• Keep your login credentials confidential
• Notify us immediately of any suspected unauthorized access
• Accept responsibility for all activities under your account

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspicious activity, or any other reason at our sole discretion. You may also delete your account at any time by contacting customer service.

5. Products and Services

5.1 Food Safety and Quality Standards

5.2 Allergen Information

While we strive to provide accurate allergen information, we cannot guarantee that our food is free from allergens. Common allergens may include:

• Gluten, wheat, and other grains
• Dairy products and lactose
• Nuts and seeds
• Shellfish and seafood
• Soy products
• Eggs

Please inform us of any allergies when placing your order. We are not responsible for allergic reactions resulting from undisclosed allergies or cross-contamination.

5.3 Order Placement and Acceptance

All orders are subject to acceptance by Costa Vida. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product unavailability
• Pricing errors
• Delivery address outside our service area
• Suspected fraudulent activity
• Failure to meet minimum order requirements

5.4 Delivery Terms

Our delivery services operate under the following terms:

• Delivery Zones: We deliver only within our designated delivery areas
• Delivery Times: Estimated delivery times are approximate and may vary based on order volume, weather, and traffic conditions
• Minimum Orders: A minimum order value may apply for delivery
• Delivery Fees: Delivery charges are clearly displayed during checkout
• Temperature Control: We use insulated bags to maintain food temperature during transport

5.5 Order Modifications and Cancellations

Order modifications or cancellations may be possible within a limited time after order placement. Once food preparation begins, modifications or cancellations may not be possible. Contact us immediately if you need to change your order.

5.6 Pricing and Payment

All prices are listed in USD and include applicable taxes. We accept major credit cards, debit cards, and digital payment methods. Payment is processed upon order confirmation.

5.7 Refunds and Returns

For information about refunds, returns, and our satisfaction guarantee, please refer to our Refund Policy.

6. Intellectual Property

6.1 Our Ownership

All content, features, and functionality of our Services, including but not limited to:

• Text, graphics, logos, images, and photographs
• Software, code, and technical elements
• Trademarks, service marks, and trade names
• Recipe formulations and food preparation methods
• Website design and user interface

are owned by Costa Vida and protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

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

• Reproduce, distribute, or publicly display our content
• Create derivative works based on our Services
• Use our trademarks or logos without permission
• Reverse engineer or attempt to extract source code

6.3 Copyright Infringement

If you believe that content on our Services infringes your copyright, please contact us with detailed information about the alleged infringement. We will investigate and take appropriate action in accordance with applicable copyright laws.

7. User Content

7.1 Your Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services, including reviews, comments, photos, and feedback.

7.2 License Grant

By submitting content to our Services, you grant Costa Vida a worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, publish, and distribute your content for business purposes, including marketing and promotional activities.

7.3 Prohibited Content

You may not submit content that is:

• Illegal, harmful, or violates any laws
• Offensive, discriminatory, or harassing
• False, misleading, or defamatory
• Infringing on others' intellectual property rights
• Contains personal information of others without consent
• Spam or promotional material

7.4 Content Removal

We reserve the right to remove any user content that violates these Terms or is otherwise objectionable, without prior notice.

8. Disclaimers

8.1 Service Availability

Our Services are provided on an "as is" and "as available" basis. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

8.2 Food Quality Disclaimer

While we maintain high standards for food quality and safety, we cannot guarantee that all food will meet your personal preferences or dietary requirements. Food appearance may vary from images shown on our website.

8.3 Third-Party Content

Our Services may include content from third parties. We are not responsible for the accuracy, completeness, or reliability of third-party content.

8.4 Professional Advice

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

9. Limitation of Liability

To the maximum extent permitted by law, Costa Vida and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Personal injury (except as required by law)
• Property damage

Our total liability to you for any claims arising from or related to our Services shall not exceed the amount you paid to us in the 12 months preceding the claim.

9.1 Food-Related Claims

For food-related issues such as quality, temperature, or allergic reactions, our liability is limited to replacing the affected items or providing a refund, unless otherwise required by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third party's rights
• Any content you submit or transmit through our Services
• Your negligent or wrongful conduct

This indemnification obligation will survive termination of these Terms and your use of our Services.

11. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. We are not responsible for:

• The content, privacy policies, or practices of third-party sites
• Any damages or losses caused by third-party services
• The availability or functionality of external links

Your use of third-party services is subject to their respective terms and conditions. We do not endorse or recommend any third-party products or services.

12. Termination

12.1 Company Right to Terminate

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

• Violation of these Terms
• Fraudulent or suspicious activity
• Abusive behavior toward staff or other users
• Non-payment of outstanding charges
• Legal or regulatory requirements

12.2 User Right to Terminate

You may terminate your account and stop using our Services at any time by contacting our customer service team or using account settings if available.

12.3 Effect of Termination

Upon termination:

• Your right to access and use our Services will cease immediately
• Outstanding orders and payments will be handled according to our policies
• Certain provisions of these Terms will survive termination

13. Governing Law and Disputes

13.1 Governing Law

These Terms and any disputes arising from or related to our Services shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to conflict of law principles.

13.2 Dispute Resolution

We encourage you to contact us first to resolve any disputes informally. For formal disputes, the following process applies:

1. Written notice of the dispute must be sent to our customer service team
2. We will attempt to resolve the dispute through good faith negotiations
3. If informal resolution fails, disputes may be resolved through binding arbitration or court proceedings as described below

13.3 Jurisdiction and Venue

Any legal action or proceeding arising from or related to these Terms or our Services shall be brought exclusively in the federal or state courts located in Austin, Texas, and you consent to the personal jurisdiction of such courts.

13.4 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and not as part of any class action, collective action, or representative proceeding.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Post the updated Terms on our website
• Update the "Last Updated" date at the top of this document
• Notify users of material changes via email or website notice when practical

Your continued use of our Services after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using our Services.

It is your responsibility to review these Terms regularly to stay informed of any updates.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Costa Vida regarding your use of our Services.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

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

15.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, labor disputes, or technical failures.

15.6 Headings

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

16. Contact Information