Terms of Service

Effective Date: March 20, 2026  |  Last Updated: March 20, 2026

1. Acceptance of Terms

Welcome to Costa Vida. 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 located at vida-costas.world (the "Website"), as well as any related services, features, content, and functionality offered by Costa Vida (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to our communications, or otherwise interacting with any aspect of our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using our Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and that entity.

If you do not agree to any provision of these Terms, your sole remedy is to discontinue your use of the Website and Services immediately. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

These Terms apply to all visitors, users, customers, and others who access or use the Services in the United States. Users in California may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy.

2. Description of Services

Costa Vida is a food service business operating in the United States. Through our Website and associated platforms, we offer the following services:

2.1 Online Ordering

Our Website may enable customers to browse our menu, place food and beverage orders for pickup or delivery, and complete transactions online. Menu items, prices, and availability are subject to change without prior notice. We reserve the right to limit quantities of items available for order and to refuse service at our discretion.

2.2 Menu and Product Information

We provide descriptions, images, nutritional information, and allergen information for our food and beverage products on our Website. While we strive to ensure the accuracy of this information, we cannot guarantee that all product descriptions, images, nutritional data, or other content on the Website are completely accurate, current, or error-free. Product appearances may vary from images displayed online.

2.3 Customer Accounts

We may offer the ability to create a customer account to facilitate faster ordering, track order history, accumulate loyalty rewards, and access personalized features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.4 Promotions and Loyalty Programs

Costa Vida may offer promotional deals, discounts, coupons, and loyalty reward programs from time to time. Such promotions are subject to their own specific terms and conditions, which will be made available at the time the promotion is offered. We reserve the right to modify or discontinue any promotion or loyalty program at any time without notice.

2.5 Catering and Special Orders

We may offer catering services and special order capabilities for events, groups, or large gatherings. Such services may be subject to additional terms, minimum order requirements, advance notice periods, and deposit requirements, which will be communicated at the time of inquiry or order placement.

2.6 Informational Content

Our Website provides informational content about our food offerings, locations, business practices, company values, and related topics. This content is provided for general informational purposes only and does not constitute professional dietary, nutritional, medical, or health advice.

3. User Obligations and Prohibited Activities

3.1 Eligibility

By using our Services, you represent and warrant that you are at least thirteen (13) years of age. If you are under the age of eighteen (18), you represent that you have obtained parental or guardian consent to use our Services and to be bound by these Terms. We reserve the right to terminate accounts or deny access to users who do not meet eligibility requirements.

3.2 Accurate Information

You agree to provide accurate, current, and complete information when placing orders, creating accounts, or otherwise interacting with our Services. You agree to promptly update any information you provide to keep it accurate and current. Costa Vida is not responsible for errors or issues arising from inaccurate information you provide.

3.3 Account Security

You are solely responsible for maintaining the security and confidentiality of your account login credentials, including your username and password. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any security breach. Costa Vida shall not be liable for any loss or damage arising from your failure to maintain account security.

3.4 Prohibited Activities

You agree that you will not, under any circumstances, engage in any of the following activities:

• Use our Website or Services for any unlawful purpose or in violation of any applicable federal, state, or local laws and regulations;
• Submit false, misleading, or fraudulent orders, information, or communications;
• Engage in any form of fraud, including using stolen or unauthorized payment methods;
• Attempt to gain unauthorized access to our systems, servers, databases, or networks;
• Use any automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or harvest data from our Website without our express written consent;
• Introduce any viruses, malware, ransomware, spyware, Trojan horses, or other harmful or disruptive code into our systems;
• Interfere with, disrupt, or attempt to disable the integrity or performance of our Website or Services;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software underlying our Website;
• Impersonate any person or entity, including any Costa Vida employee, representative, or other user;
• Post, transmit, or distribute any content that is defamatory, obscene, harassing, threatening, abusive, or otherwise objectionable;
• Use our Services to collect or store personal information about other users without their consent;
• Attempt to circumvent any security measures, access controls, or technological protection measures we employ;
• Engage in any activity that could damage, overburden, impair, or compromise our servers or the networks connected to our Website;
• Resell, redistribute, or commercially exploit our Services or any content obtained through our Services without our express written authorization;
• Violate any third-party intellectual property rights in connection with your use of our Services.

We reserve the right to investigate any suspected violation of these prohibitions and to take any action we deem appropriate, including reporting violations to law enforcement authorities, suspending or terminating your access to our Services, and pursuing legal remedies.

4. Intellectual Property Rights

4.1 Ownership of Content

The Website and all of its content, features, and functionality — including but not limited to text, graphics, photographs, images, logos, trademarks, service marks, trade dress, video, audio, software, data compilations, and the design, selection, and arrangement thereof — are owned by Costa Vida, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

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

• Modify, copy, or create derivative works based on our content;
• Download, reproduce, or republish our content except as permitted by law;
• Use our trademarks, logos, or trade dress without our prior written consent;
• Frame or mirror any portion of our Website without our express written authorization.

4.3 Trademarks

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 may not use such marks without the prior written permission of Costa Vida. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

4.4 User Submissions

If you submit, post, upload, or otherwise provide any content to us — including reviews, feedback, suggestions, photos, or comments ("User Content") — you grant Costa Vida a non-exclusive, royalty-free, perpetual, irrevocable, worldwide 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 you own or have the necessary rights to submit such User Content and that it does not violate any third-party rights or applicable laws.

5. Payment Terms

5.1 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes unless otherwise indicated. You are responsible for all applicable federal, state, and local taxes associated with your purchases.

5.2 Payment Methods

We accept various forms of payment as indicated on our Website at the time of checkout, which may include major credit cards, debit cards, and digital payment platforms. By submitting payment information, 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.

5.3 Order Confirmation

Receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to cancel or refuse any order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspected fraud. If we cancel your order after payment has been processed, we will issue a full refund using the original payment method.

5.4 Refunds and Cancellations

Our refund and cancellation policy for food orders is subject to the specific terms presented at the time of ordering. Due to the perishable nature of food products, all sales may be considered final once an order has been prepared. If you experience a quality issue or error with your order, please contact us immediately at [email protected] so we can address your concern promptly.

5.5 Promotional Codes and Discounts

Promotional codes and discount offers are subject to their specific terms, including expiration dates, minimum purchase requirements, and restrictions on use. Only one promotional code may be applied per order unless otherwise specified. Promotional codes have no cash value and may not be transferred, sold, or combined with other offers unless expressly permitted.

6. Food Safety and Allergen Disclaimer

While Costa Vida takes reasonable precautions to ensure the safety and quality of its food products, we cannot guarantee that our products are free from all allergens, including but not limited to nuts, gluten, dairy, eggs, soy, shellfish, and other common allergens. Our food is prepared in facilities that may handle various allergens. If you have any food allergies, dietary restrictions, or specific health concerns, it is your responsibility to review ingredient information carefully and consult with our staff before ordering. Costa Vida shall not be liable for any adverse reactions, allergic responses, or health consequences resulting from the consumption of our products.

7. Limitation of Liability

7.1 Limitation on Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO COSTA VIDA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7.3 Essential Basis

The limitations of liability set forth in this Section reflect a reasonable allocation of risk between the parties and form an essential basis of the bargain between the parties. These limitations shall apply even if any limited remedy fails of its essential purpose.

7.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such cases, Costa Vida's liability will be limited to the maximum extent permitted by applicable law.

8. Disclaimers

8.1 As-Is Basis

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Warranty of Accuracy

We do not warrant that our Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, reliability, or currency of any content, information, or material available through our Website, including menu items, nutritional information, pricing, and availability.

8.3 Third-Party Services

Our Website may contain links to third-party websites, applications, 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 sites or services. We strongly advise you to read the terms and privacy policies of any third-party sites you visit.

8.4 FTC Compliance

In accordance with the Federal Trade Commission Act and applicable FTC guidelines, any testimonials, endorsements, or reviews displayed on our Website reflect the genuine opinions and experiences of the individuals who provided them. Individual results may vary. We do not guarantee that you will experience the same results.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and service providers 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;
• Your use of or access to our Website or Services;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content you submit, post, or transmit through our Services;
• Your negligence, willful misconduct, or fraud.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (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 is principally located, without regard to its conflict of law provisions.

To the extent that any dispute is not subject to mandatory arbitration as described below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States for the resolution of any disputes arising out of or relating to these Terms or your use of our Services. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Nothing in this Section shall limit Costa Vida's right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute informally by contacting Costa Vida at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If the dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution as described below.

11.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT AND EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND COSTA VIDA AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, OR YOUR USE OF OUR SERVICES, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

The arbitration shall be administered by a recognized arbitration organization, such as the American Arbitration Association (AAA), under its applicable rules. The arbitration shall take place in the United States, and the arbitrator's award shall be final and binding on the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.3 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Either party may also bring an individual action in small claims court for disputes within that court's jurisdiction.

11.5 California Residents

If you are a California resident, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. In accordance with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), California residents may have additional rights with respect to their personal information, as further described in our Privacy Policy.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Website or Services, or maintain an account with us. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and governing law provisions.

12.2 Termination by You

You may terminate your use of our Services at any time by discontinuing use of our Website and, if applicable, by closing your account. To request account deletion, please contact us at [email protected].

12.3 Termination by Costa Vida

Costa Vida reserves the right, in its sole discretion, to suspend or terminate your access to our Website and Services, with or without notice, 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;
• A request from law enforcement or other government agencies;
• Extended periods of account inactivity;
• Our discontinuation of the Services or any portion thereof.

12.4 Effect of Termination

Upon termination, your right to use our Services immediately ceases. Any orders in progress at the time of termination may be completed or cancelled at our sole discretion. Provisions of these Terms that by their nature should survive termination shall remain in effect following any termination.

13. Changes to Terms

Costa Vida reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of this page and, where appropriate, by sending you an email notification or displaying a prominent notice on our Website.

It is your responsibility to review these Terms periodically for any changes. Your continued use of our Website or Services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using our Services immediately.

We encourage you to review these Terms regularly to stay informed about your rights and obligations. The most current version of these Terms will always be available at vida-costas.world.

14. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in connection with our Services. By using our Services, you also agree to our Privacy Policy. Please review our Privacy Policy carefully, as it contains important information about your privacy rights, including rights available to residents of California under the CCPA and CPRA.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

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

16. Waiver

No failure or delay by Costa Vida in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise of such right, power, or privilege. A waiver of any right or provision shall be effective only if made in writing and signed by an authorized representative of Costa Vida.

17. Entire Agreement

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

18. Force Majeure

Costa Vida shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, earthquake, severe weather conditions, war, terrorism, governmental action, labor disputes, supply chain disruptions, or failures of third-party service providers. In the event of a force majeure event, we will use reasonable efforts to notify affected customers and resume normal operations as promptly as practicable.

19. Assignment

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

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

We will make every reasonable effort to respond to your inquiry in a timely and professional manner. For urgent matters related to food safety, allergens, or order issues, we encourage you to contact us directly via email to ensure prompt attention.