Terms of Service

1. Introduction and Acceptance

Welcome to Costa Vida ("we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Costa Vida regarding your use of our website, mobile application, food delivery services, and all related services (collectively, the "Services").

By accessing or using our Services, placing an order, creating an account, or otherwise engaging with our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

1.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or have reached 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 or placing orders
• 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 or any other breach of security.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the new Terms.

2. Definitions

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

• "Company," "we," "us," or "our" refers to Costa Vida and its affiliates, employees, agents, and representatives.
• "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
• "Services" means our website (costasvidas.top), mobile applications, food delivery services, online ordering platform, and any related services we provide.
• "Content" means all text, images, graphics, videos, audio, software, and other materials available through our Services.
• "Website" refers to costasvidas.top and all associated domains and subdomains.
• "Order" means a request for food items placed through our Services.
• "Delivery Zone" means the geographical areas where we provide delivery services.

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Browsing our menu and restaurant information
• Placing orders for personal, non-commercial consumption
• Creating and managing your user 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 purposes:

• Any unlawful purpose or to solicit others to perform unlawful acts
• Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others
• Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating
• Submitting false or misleading information
• Uploading or transmitting viruses or any other type of malicious code
• Spamming, phishing, pharm, pretext, spider, crawl, or scrape
• Interfering with or circumventing the security features of our Services
• Attempting to gain unauthorized access to our systems or networks
• Using our Services for commercial purposes without our express written consent

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you must create an account by providing accurate and complete registration information, including your name, email address, phone number, and delivery address.

4.2 Account Security

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

• Choose a strong password and keep it confidential
• Not share your account with others
• Immediately notify us of any suspected unauthorized access
• Accept responsibility for all activities under your account

4.3 Account Information Accuracy

You must provide and maintain accurate, current, and complete information in your account. You agree to update your information promptly to keep it accurate and complete.

4.4 Account Termination

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

5. Products and Services

5.1 Product Descriptions

We make every effort to display our food items as accurately as possible. However, we cannot guarantee that your device's display of colors, textures, or other product details will be accurate.

5.2 Pricing and Availability

All prices are displayed in USD and are subject to change without notice. Menu items are subject to availability. We reserve the right to modify prices, discontinue items, or limit quantities at any time.

5.3 Order Processing

When you place an order, you are making an offer to purchase food items. We reserve the right to accept or reject any order for any reason, including:

• Product unavailability
• Errors in pricing or product information
• Issues with payment verification
• Delivery address outside our service area
• Suspected fraudulent activity

5.4 Delivery Terms

Our delivery services are subject to the following conditions:

• Delivery Zone: We only deliver within our designated delivery zones
• Minimum Order: A minimum order value may apply for delivery
• Delivery Time: Estimated delivery times are approximate and may vary due to weather, traffic, or high demand
• Temperature Control: We take care to maintain appropriate temperatures during delivery, but cannot guarantee food temperature upon arrival
• Delivery Address: You must provide accurate delivery instructions and be available to receive your order

5.5 Order Modifications and Cancellations

Order modifications or cancellations may be possible within a limited time after placing your order. Once food preparation has begun, orders cannot be modified or cancelled. Refunds for cancelled orders will be processed according to our Refund Policy.

5.6 Food Quality Guarantee

We guarantee the quality and freshness of our food items. If you are not satisfied with your order due to quality issues, please contact us within 24 hours of delivery for resolution.

6. Intellectual Property

All content and materials available through our Services, including but not limited to text, graphics, website name, code, images, logos, and compilation of all content ("Content"), are the intellectual property of Costa Vida and are protected by applicable copyright and trademark laws.

6.1 Our Ownership

We own or have the necessary licenses for all Content on our Services. This includes our trademarks, service marks, trade names, logos, and copyrighted materials.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for their intended purpose. This license does not include any resale or commercial use of our Services or Content.

6.3 User Content License

By submitting content to our Services (such as reviews, photos, or comments), you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with our Services.

6.4 Copyright Infringement

If you believe your copyrighted material has been used without authorization, please contact us at [email protected] with details of the alleged infringement.

7. User Content

7.1 Your Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services. This includes reviews, comments, photos, and other materials.

7.2 Content License

By providing content, you grant Costa Vida a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

7.3 Prohibited Content

You may not submit content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringes any intellectual property or other proprietary rights
• Contains software viruses or any other computer code designed to interrupt, destroy, or limit functionality
• Promotes illegal activities or conduct
• Is false or misleading

7.4 Content Removal

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

7.5 No Endorsement

We do not endorse any user content and expressly disclaim any and all liability in connection with user content.

8. Disclaimers

8.1 Service Provision

Our Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 Service Availability

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. We may experience downtime for maintenance, updates, or other reasons beyond our control.

8.3 Third-Party Content

We are not responsible for any third-party content, including content from delivery partners, payment processors, or other service providers.

8.4 Professional Advice

Our Services do not constitute professional nutritional, medical, or dietary advice. Consult with healthcare professionals regarding any dietary restrictions or health concerns.

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by applicable law, our total liability for any claims arising out of or related to these Terms or our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

9.2 Excluded Damages

In no event shall Costa Vida be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, regardless of whether we have been advised of the possibility of such damages.

9.3 Essential Purpose

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

9.4 Food-Related Claims

Our liability for food-related claims, including but not limited to foodborne illness, allergic reactions, or food quality issues, is limited to the replacement of the food item or refund of the purchase price.

10. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and our officers, directors, employees, agents, licensors, and suppliers 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 our Services
• Your violation of any rights of another party
• Any content you submit or transmit through our Services
• Your negligent acts, omissions, or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

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 have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

11.1 No Responsibility

We do not warrant the offerings of any third parties or their websites, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third parties.

11.2 Third-Party Terms

Your use of third-party services is subject to their respective terms of service and privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party service that you visit or use.

11.3 No Endorsement

The inclusion of any link does not imply endorsement by Costa Vida of the site or any association with its operators.

12. Termination

12.1 Termination by Company

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12.2 Termination by User

You may terminate your account at any time by discontinuing your use of our Services and contacting us to request account deletion.

12.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.4 Outstanding Orders

Termination does not affect any outstanding orders or our right to collect payment for services already provided.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms shall be interpreted and governed by the laws of the United States, without regard to conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration or in the courts of competent jurisdiction.

13.3 Limitation of Claims

You agree that any claim or cause of action arising out of or related to these Terms or our Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

13.4 Jurisdiction and Venue

You agree to submit to the personal jurisdiction of the courts located in our primary business location for the purpose of litigating all such claims or disputes.

14. Changes to Terms

14.1 Right to Modify

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes may be necessary due to legal requirements, changes in our business practices, or improvements to our Services.

14.2 Notification of Changes

If we make material changes to these Terms, we will notify you by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date at the top of these Terms
• Sending you an email notification (if you have provided your email address)
• Displaying a notice on our website or mobile application

14.3 Continued Use Acceptance

Your continued use of our Services after any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must discontinue your use of our Services.

14.4 Review Responsibility

It is your responsibility to review these Terms periodically for changes. We recommend checking 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 legal notices published by us on our Services, 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 deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

15.3 Waiver

No waiver by Costa Vida of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms at any time without restriction.

15.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.6 Headings

The headings in these Terms are for convenience only and shall not affect their interpretation.

16. Contact Information

If you have any questions about these Terms, please contact us:

For urgent matters related to food safety, delivery issues, or order problems, please call us directly for immediate assistance. Our customer service team is available during business hours to help resolve any concerns you may have.

By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. Thank you for choosing Costa Vida!