Terms of Service

Effective Date: March 18, 2026  |  Last Updated: March 18, 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 vida-costas.digital and all associated services, features, content, and functionality offered by Costa Vida.

By visiting our website, creating an account, placing an order, subscribing to any service, or otherwise engaging with our digital or physical offerings, you expressly agree to these Terms. Your continued use of our website following the posting of any changes constitutes your acceptance of those changes.

These Terms apply to all visitors, registered users, customers, and any other individuals who access or use our services in any capacity. If you are accessing our services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" shall refer to that entity.

Users must be at least 13 years of age to use our website. Users under the age of 18 must have parental or guardian consent to use our services, particularly when making purchases or creating accounts. By using our services, you represent and warrant that you meet the applicable age requirements.

2. Description of Services

Costa Vida is a food service company operating in the United States, offering fresh, high-quality food products, meals, and related culinary experiences to our valued customers. Our services include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu, select items, and place food orders through our website at vida-costas.digital for pickup or delivery.
• In-Restaurant Dining: We provide dine-in experiences at our physical locations across the United States, offering fresh-made meals prepared in accordance with our quality standards.
• Catering Services: Costa Vida provides catering options for corporate events, private parties, and other gatherings, subject to availability and advance scheduling.
• Digital Content: Our website includes nutritional information, recipes, blog content, promotional materials, and other informational resources related to our food offerings.
• Loyalty Programs and Promotions: We may offer reward programs, discount codes, promotional deals, or special offers from time to time, subject to their own specific terms and conditions.
• Customer Support: We provide customer service through our website, email, and other communication channels to assist with inquiries, complaints, and order management.
• Newsletter and Marketing Communications: With your consent, we may provide updates, promotions, and news about Costa Vida products and services via email or other digital channels.

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

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our services, you agree to the following obligations:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our services.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Promptly notify us of any unauthorized use of your account or any other security breach.
• Use our services only for lawful purposes and in compliance with all applicable local, state, and federal laws and regulations.
• Comply with all applicable food allergy and dietary restriction disclosures; it is your responsibility to review ingredient information and notify us of any allergies before ordering.
• Pay all charges incurred through your account or orders, including applicable taxes and fees, in a timely and complete manner.
• Treat our staff, representatives, and other customers with respect in all interactions, whether in-person or through digital channels.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our services:

• Using our website or services for any fraudulent, deceptive, or unlawful purpose, including but not limited to impersonating another person or entity.
• Attempting to gain unauthorized access to any portion of our website, servers, databases, or systems associated with our services.
• Using automated systems, bots, scrapers, crawlers, or similar tools to access, collect data from, or interact with our website without our express written permission.
• Uploading, transmitting, or distributing any viruses, malware, or other harmful or destructive code through our website or services.
• Engaging in any activity that disrupts, damages, or interferes with the proper functioning of our website or servers.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our website or services without our express written consent.
• Using our intellectual property, including trademarks, logos, images, or content, without prior written authorization from Costa Vida.
• Posting, submitting, or transmitting any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Misusing our promotional codes, loyalty rewards, or discount offers by exploiting technical loopholes or violating the specific terms of those promotions.
• Violating any applicable federal, state, or local laws, regulations, or ordinances in connection with your use of our services.
• Collecting or harvesting personal information of other users from our website without their consent.
• Engaging in any activity that could damage the reputation, goodwill, or business interests of Costa Vida.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including suspending or terminating your account, refusing service, or referring matters to appropriate law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Costa Vida website, including but not limited to text, graphics, logos, images, photographs, audio and video clips, digital downloads, data compilations, software, and the overall design and layout of the website ("Content"), are the exclusive property of Costa Vida or its licensors and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other applicable laws.

The Costa Vida name, logo, and all related marks, product names, and slogans are trademarks or registered trademarks of Costa Vida in the United States. You may not use any of our trademarks without our prior written consent. Nothing in these Terms grants you any right or license to use any of our intellectual property.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website and its Content solely for personal, non-commercial purposes in connection with using our services. This license does not include the right to:

• Reproduce, modify, adapt, or create derivative works from our Content;
• Sell, resell, rent, lease, or sublicense our Content or services;
• Publicly display, perform, or distribute our Content without authorization;
• Remove any copyright, trademark, or other proprietary notices from our Content.

If you believe that any content on our website infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) by contacting us at the contact information provided in Section 14 of these Terms. Your notice must include all information required under 17 U.S.C. § 512(c)(3).

Any feedback, suggestions, reviews, or ideas you submit to us regarding our products or services may be used by us freely and without obligation or compensation to you, and you hereby assign all rights in such submissions to Costa Vida.

5. Payment Terms

5.1 Pricing and Fees

All prices listed on our website are in United States Dollars (USD) and are subject to change without notice. Prices for menu items, catering services, and any other offerings reflect current pricing at the time of your order. We reserve the right to modify prices at any time prior to order confirmation.

5.2 Payment Methods

We accept various forms of payment including major credit cards, debit cards, and other payment methods as indicated on our website at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the selected payment method and that the payment information you provide is accurate and complete.

5.3 Order Confirmation and Billing

Your order is not confirmed until you receive an official order confirmation from us via email or through the website. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. In the event of a cancellation after payment has been processed, we will issue a refund to your original payment method.

5.4 Taxes

Applicable sales taxes and other government-mandated charges will be calculated and added to your order total at checkout. You are responsible for paying all taxes associated with your purchases as required by applicable law.

5.5 Refunds and Cancellations

Refunds and cancellations are handled on a case-by-case basis in accordance with our Refund Policy, which is incorporated herein by reference. If you have concerns about a recent order, please contact us promptly at [email protected]. We are committed to customer satisfaction and will work with you to resolve any issues in a fair and reasonable manner.

6. Food Safety, Allergens, and Nutritional Information

Costa Vida is committed to providing accurate and up-to-date information about our menu items, including ingredient lists, allergen warnings, and nutritional content. However, please be aware of the following important disclaimers:

• Our food is prepared in facilities that may handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and other potential allergens.
• While we take precautions to prevent cross-contamination, we cannot guarantee that any menu item is completely free from allergens.
• Nutritional information provided on our website is based on standard recipes and may vary depending on portion sizes, preparation methods, ingredient variations, and regional availability.
• Customers with food allergies, dietary restrictions, or medical conditions should consult with a healthcare professional before consuming our products.
• It is the customer's sole responsibility to review allergen and nutritional information prior to ordering and to inform our staff of any dietary restrictions or allergies when placing orders in-person or through customer service channels.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, WEBSITE, OR ANY PRODUCTS PURCHASED THROUGH US.

IN NO EVENT SHALL COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

This limitation of liability applies regardless of the legal theory under which the claim is asserted, whether in contract, tort (including negligence), strict liability, or otherwise, even if Costa Vida has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you in their entirety.

8. Disclaimers — "As-Is" Basis

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

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

We do not warrant that our website will be compatible with all devices or operating systems, or that it will meet your specific requirements. Any reliance you place on information or materials provided on our website is strictly at your own risk. Costa Vida makes no guarantees regarding the continued availability of specific menu items, pricing, or promotional offers at any given time.

References to third-party websites, services, or resources on our website do not constitute an endorsement by Costa Vida of those third parties or their content, products, or services. We are not responsible for the content, privacy practices, or terms of any third-party websites.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to our website or services;
• Your violation of any provision of these Terms of Service;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your infringement or misappropriation of any third-party intellectual property rights;
• Any content you submit, post, or transmit through our website or services;
• Any dispute between you and another user of our services;
• Any fraudulent, negligent, or willful misconduct on your part;
• Any misrepresentation made by you in connection with your use of our services or in creating an account with us.

Costa Vida reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses and to not settle any such matter without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Costa Vida is domiciled, without regard to its conflict of law provisions. To the extent applicable, federal laws including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other relevant federal consumer protection statutes shall apply.

For customers in California, additional rights may be available under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), California Business and Professions Code, and other applicable California statutes.

Any legal action or proceeding arising out of or relating to these Terms or your use of our services that is not subject to arbitration as provided in Section 11 shall be brought exclusively in the state or federal courts of competent jurisdiction located in the United States, and you hereby consent to the personal jurisdiction of such courts and waive any objection to such venue.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms or to any transactions conducted through our website.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to attempt to resolve any dispute informally by contacting us at [email protected] with a written description of your dispute, your name, contact information, and the relief you are seeking. We will attempt to resolve the dispute within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within this period, either party may proceed with the formal dispute resolution process described below.

11.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) THEN IN EFFECT. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration shall be conducted on an individual basis. You and Costa Vida each waive the right to participate in any class action, class-wide arbitration, or any other representative action or proceeding. You agree that you may only bring claims against Costa Vida in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

You have the right to opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to [email protected]. If you opt out, you and Costa Vida will resolve disputes in court as provided in Section 10.

11.3 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction for disputes or claims that fall within the jurisdictional limits of such court, provided the matter remains in small claims court and is not removed or appealed to a court of general jurisdiction.

12. Term and Termination

12.1 Term

These Terms of Service become effective upon your first access to or use of our website or services and shall remain in full force and effect for as long as you continue to access or use our services, unless earlier terminated as provided herein.

12.2 Termination by You

You may terminate your account or stop using our services at any time by discontinuing your use of the website and, if applicable, by requesting the deletion of your account by contacting us at [email protected]. Please note that termination does not relieve you of any obligations or liabilities that arose prior to termination, including any outstanding payment obligations.

12.3 Termination by Costa Vida

We reserve the right to suspend or permanently terminate your access to our website and services, with or without notice and without liability to you, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay amounts owed to us;
• Requests by law enforcement or government agencies;
• Our decision to discontinue or substantially modify our services;
• Unexpected technical or security issues.

12.4 Effect of Termination

Upon termination of your account or your access to our services, all rights and licenses granted to you under these Terms shall immediately cease. Any provisions of these Terms that by their nature should survive termination shall continue to apply, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, 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 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;
• Post a prominent notice on our website notifying users of the changes;
• Send an email notification to registered users, where applicable and feasible.

Your continued use of our website or services after any modification to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree with any changes to the Terms, you must stop using our services immediately.

We may also make minor updates or corrections to these Terms, such as typographical corrections or clarifications that do not materially affect your rights or obligations, without providing advance notice.

14. Severability

If any provision of these Terms of Service is found to be invalid, illegal, unenforceable, or void by a court or arbitrator of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted from these Terms. In either case, the invalidity, illegality, or unenforceability of that provision shall not affect the remaining provisions of these Terms, which shall continue in full force and effect to the greatest extent permitted by law.

The parties further agree that any invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent of the original provision and the overall purpose of these Terms.

15. Additional Legal Provisions

15.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Costa Vida on our website, constitute the entire agreement between you and Costa Vida with respect to your use of our website and services. These Terms supersede all prior agreements, understandings, representations, and warranties, both written and oral, relating to the subject matter herein.

15.2 No Waiver

The failure of Costa Vida to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any default shall not constitute a waiver of any subsequent default. All waivers must be in writing and signed by an authorized representative of Costa Vida to be effective.

15.3 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Costa Vida. Costa Vida may freely assign, transfer, or delegate its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent or prior notice. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.

15.4 Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, government actions or restrictions, labor disputes, supply chain disruptions, power outages, telecommunications failures, cyberattacks, or other similar events ("Force Majeure Events"). In the event of a Force Majeure Event, Costa Vida will make reasonable efforts to notify you and to resume normal operations as soon as practicable.

15.5 Electronic Communications

By using our website and services, you consent to receiving electronic communications from Costa Vida. These communications may include, but are not limited to, notices about your account, order confirmations, receipts, and updates to our Terms or policies. You agree that any such electronic communications satisfy any legal requirement that such communications be in writing. Electronic records and signatures shall have the same legal effect, validity, and enforceability as traditional paper records and handwritten signatures under applicable federal and state electronic signature laws, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

15.6 Headings

The section headings used in these Terms are for convenience only and shall not affect the interpretation of any provision of these Terms.

15.7 Language

These Terms of Service are written in the English language. In the event of any inconsistency or discrepancy between the English version and any translation of these Terms, the English version shall control and prevail.

16. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, your use of our services, or any other matter, please contact us using the information below. We are committed to responding to all inquiries in a timely and professional manner.

For legal notices or formal communications, please send written correspondence to the email address listed above with the subject line "Legal Notice — Terms of Service." We recommend that you retain a copy of any formal legal notices sent to us for your records.

© 2026 Costa Vida. All rights reserved. Unauthorized reproduction or distribution of any content from this website is strictly prohibited without the express written consent of Costa Vida.