Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at costavida-meal.rest (the "Website") or any services offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Website or services, you agree to be legally bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at costavida-meal.rest, placing an order, creating an account, or engaging with any content or service provided by Costa Vida, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding contract between you ("User," "you," or "your") and Costa Vida. This Agreement is entered into as of the date you first access or use our Website or services. If you are using the Website 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 the entity you represent.

You must be at least eighteen (18) years of age to use our Website and services. By agreeing to these Terms, you represent and warrant that you meet this minimum age requirement. We reserve the right to request proof of age at any time and to terminate your access if we reasonably believe you do not meet the age requirement.

These Terms are governed by and construed in accordance with the laws of the United States of America and applicable state laws. We operate in compliance with all applicable federal and state regulations, including but not limited to the Federal Trade Commission Act (FTC Act), and where applicable, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for users residing in California.

2. Description of Services

Costa Vida is a food service company that operates through its Website at costavida-meal.rest. Our services include, but are not limited to, the following:

• Online Food Ordering: We provide a platform through which customers can browse our menu, customize their meal selections, and place orders for pickup, dine-in, or delivery, subject to availability in your area.
• Menu Browsing: Users may access and view our current menu offerings, including pricing, nutritional information, allergen details, and descriptions of food and beverage items.
• Account Services: Users may create and manage personal accounts to track order history, save preferences, and access loyalty programs or promotional offers.
• Customer Support: We provide customer support services to address questions, concerns, and issues related to orders, payments, and general inquiries.
• Promotional Offers and Loyalty Programs: From time to time, we may offer promotional discounts, loyalty rewards, gift cards, or special pricing events available to registered and non-registered users.
• Catering Services: We may offer catering packages for large events and group orders, subject to availability and separate terms communicated at the time of booking.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you or any third party. Service availability may vary depending on your geographic location, and not all features may be accessible in all areas.

Costa Vida does not warrant that the services will be available at all times or that the Website will be free from errors, interruptions, or technical difficulties. Scheduled or unscheduled maintenance may temporarily limit access to certain features.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or suspected breach of security;
• Use our Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable local, state, federal, and international laws and regulations;
• Treat our staff, representatives, and other users with respect and professionalism;
• Promptly update your account information to ensure it remains accurate and complete;
• Be responsible for all activities that occur under your account, whether authorized by you or not.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Fraudulent Activity: Submitting false, misleading, or fraudulent orders, payment information, or personal details;
• Unauthorized Access: Attempting to gain unauthorized access to any part of the Website, its servers, databases, or related systems;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software forming part of our Website or services;
• Data Scraping: Using automated tools, bots, scrapers, or other unauthorized methods to collect data from our Website without express written consent;
• Interference: Engaging in any activity that interferes with, disrupts, or places an unreasonable burden on our Website's infrastructure or servers;
• Spam and Phishing: Sending unsolicited communications, phishing messages, or spam through our platform;
• Impersonation: Impersonating Costa Vida, our employees, other users, or any third party;
• Harmful Content: Uploading, transmitting, or distributing any viruses, malware, ransomware, or other harmful code;
• Abuse of Promotions: Exploiting promotional offers, coupon codes, or loyalty programs in a manner inconsistent with their intended purpose or these Terms;
• Reselling: Reselling or commercially exploiting any services, products, or content obtained through our Website without express written authorization;
• Violations of Third-Party Rights: Infringing upon the intellectual property, privacy, or other rights of any third party;
• Illegal Activity: Using our services to facilitate or promote any illegal activity under applicable federal or state law.

Any violation of these prohibitions may result in immediate termination of your account and access to our services, and may also subject you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and intellectual property available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video content, digital downloads, data compilations, software, and the overall design and appearance of the Website (collectively, "Content"), are the exclusive property of Costa Vida or its content suppliers and are protected by applicable United States intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights.

The Costa Vida name, logo, brand identity, slogans, and all related marks, designs, and trade dress are trademarks or registered trademarks of Costa Vida in the United States. You may not use any of these marks without prior written permission from Costa Vida. Unauthorized use of our trademarks may constitute trademark infringement and unfair competition under applicable federal and state law.

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

• Reproduce, copy, distribute, or publicly display any Content;
• Modify or create derivative works based on the Content;
• Use the Content for any commercial purpose or for any public display, commercial or non-commercial, without our express written consent;
• Remove any copyright, trademark, or other proprietary notices from any Content.

Any feedback, comments, suggestions, or ideas you submit to Costa Vida regarding the Website or services may be used by us freely and without obligation to compensate you, and by submitting such content you grant Costa Vida a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute that content for any purpose.

5. Payment Terms

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes, delivery fees, service charges, or other applicable fees unless expressly stated. The final price you pay will be disclosed to you before you complete your order.

5.2 Payment Methods

We accept various forms of payment, including major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other 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 designated payment method and that you authorize us to charge the full amount due to that payment method.

5.3 Order Confirmation

Placement of an order through the Website constitutes an offer to purchase. Costa Vida reserves the right to accept or decline any order at our discretion, including in cases of pricing errors, product unavailability, or suspected fraud. An order is confirmed only upon our acceptance and issuance of a confirmation email or notification.

5.4 Refunds and Cancellations

Refund and cancellation policies apply based on the nature of your order and applicable circumstances. Food orders, once prepared, are generally non-refundable. If you experience a quality issue or receive an incorrect order, please contact us promptly at [email protected]. We will evaluate each situation on a case-by-case basis and may issue a refund, store credit, or replacement at our sole discretion.

5.5 Taxes

You are responsible for paying all applicable sales taxes, use taxes, and other government-imposed charges associated with your purchases. Costa Vida will collect applicable taxes as required by law and remit them to the appropriate authorities.

5.6 Promotional Codes and Gift Cards

Promotional codes, discount codes, and gift cards are subject to their specific terms and conditions. They may have expiration dates, usage limits, and restrictions. Costa Vida reserves the right to cancel or modify promotional offers at any time and to void any codes used in a manner inconsistent with these Terms.

6. Food Safety and Allergen Disclaimer

Costa Vida takes food safety seriously and strives to maintain the highest standards in food preparation and handling. However, we cannot guarantee that any menu item is entirely free from allergens, including but not limited to nuts, dairy, gluten, shellfish, eggs, soy, or other common allergens. Cross-contamination may occur during food preparation.

If you have food allergies, dietary restrictions, or specific health concerns, we strongly encourage you to contact us directly before placing an order at [email protected] to discuss your needs. You assume full responsibility for any allergic reactions or adverse health effects resulting from consumption of our food products.

Nutritional and ingredient information provided on our Website is for general informational purposes only and may not reflect exact nutritional content due to variations in ingredients, preparation methods, and portion sizes.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT 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, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use or inability to use the Website or services;
• Any errors, omissions, or inaccuracies in the content of the Website;
• Unauthorized access to or alteration of your transmissions or data;
• Any third-party conduct or content on the Website;
• Any food safety or quality issues with products purchased;
• Any interruption, delay, or failure in performance of the Website;
• Any other matter relating to the Website or services.

IN NO EVENT SHALL COSTA VIDA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES 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 UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

8. Disclaimers

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS AVAILABLE THROUGH COSTA VIDA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE 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 THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

Costa Vida does not warrant or make any representations regarding the use or results of the use of the Website in terms of correctness, accuracy, reliability, or otherwise. Any content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk.

References to third-party products, services, or resources on our Website do not constitute an endorsement or recommendation by Costa Vida. We are not responsible for the content, accuracy, or practices of any third-party websites linked from our Website.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of the Website or services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any content you submit, post, or transmit through the Website;
• Any fraudulent, negligent, or intentionally wrongful acts or omissions by you;
• Any dispute between you and a third party arising from your use of our services.

Costa Vida reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Costa Vida in asserting any available defenses. You may not settle any claim covered by this indemnification provision without the prior written consent of Costa Vida.

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to these Terms or the use of the Website and services 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 registered and operates, without regard to conflict of law principles that would require the application of the laws of another jurisdiction.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

For users located in California, these Terms shall also be subject to applicable California state laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), the California Unfair Competition Law (Business and Professions Code §17200 et seq.), and other applicable California consumer protection statutes. Nothing in these Terms shall be construed to limit or waive any rights afforded to California residents under applicable state law.

For all users, our services are subject to applicable federal laws, including the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce. These Terms shall be interpreted consistently with these consumer protection requirements.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Costa Vida in good faith and attempt to resolve any dispute informally. Please send a written description of your dispute, including your name, contact information, and a detailed description of the issue, to [email protected]. We will attempt to respond within thirty (30) calendar days and work with you to find a mutually acceptable resolution.

11.2 Binding Arbitration

If informal resolution is unsuccessful, 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, shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by these Terms.

The arbitration shall be conducted in English and shall take place in the United States. The arbitrator's award shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. You and Costa Vida each agree to bear your own costs and attorneys' fees unless the arbitrator determines that your claim or our defense was frivolous or brought in bad faith.

11.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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. 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.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent imminent harm to intellectual property rights, confidential information, or other proprietary interests pending arbitration. Small claims court matters within the applicable jurisdictional limit may also be pursued outside of arbitration.

12. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or any of our services. Costa Vida may terminate or suspend your access to the Website and services, with or without cause, and with or without notice, effective immediately, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Conduct that we determine, in our sole discretion, is harmful to other users, third parties, or our business interests;
• Suspected fraud, abuse, or illegal activity;
• Failure to pay any amounts owed to Costa Vida;
• A request from a law enforcement agency or government authority.

Upon termination of your account or access, your right to use the Website and services will immediately cease. Costa Vida shall not be liable to you or any third party for any termination of your account or access to the services. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property Rights), 7 (Limitation of Liability), 8 (Disclaimers), 9 (Indemnification), 10 (Governing Law and Jurisdiction), 11 (Dispute Resolution), and 14 (Severability).

You may terminate your account at any time by contacting us at [email protected]. Upon your request for account deletion, we will process your request in accordance with our Privacy Policy and applicable law.

13. Changes to Terms

Costa Vida reserves the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In cases of material changes, we may also provide you with notice via email (if you have a registered account), a prominent notice on the Website, or through other reasonable means of communication.

Your continued use of the 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 immediately stop using the Website and services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check for changes each time you use our Website. Costa Vida shall not be liable for any failure by you to review updated Terms.

14. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court of competent jurisdiction for any reason, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions shall continue in full force and effect.

In the event that any provision is found to be unenforceable but would be enforceable if modified, the parties agree that such provision shall be modified to the minimum extent necessary to make it enforceable, consistent with the original intent of the parties as reflected in the Terms.

The failure of Costa Vida to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any specific breach shall not constitute a waiver of any subsequent breach or of the right to enforce that provision in the future.

15. Additional Provisions

15.1 Entire Agreement

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

15.2 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Costa Vida. There are no third-party beneficiaries to this Agreement.

15.3 Force Majeure

Costa Vida shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental actions, labor disputes, supply chain disruptions, internet outages, or other events of force majeure. In such circumstances, our obligations shall be suspended for the duration of the force majeure event.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Costa Vida. Costa Vida may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, or other business transaction.

15.5 Headings

The headings and section titles in these Terms are for convenience only and shall have no legal or contractual effect. They shall not be considered in interpreting or construing any provision of these Terms.

15.6 Electronic Communications

By using the Website and providing your email address, you consent to receiving electronic communications from Costa Vida, including notices, disclosures, agreements, and other communications. You agree that any such communications satisfy any legal requirement that such communications be in writing.

16. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to exercise any rights afforded to you under applicable law, please contact us using the information below:

We strive to respond to all inquiries within five (5) to ten (10) business days. For urgent matters related to food safety, payment issues, or account security, please mark your email as urgent and we will endeavor to respond more promptly.

These Terms of Service were last updated on May 8, 2026. Costa Vida reserves all rights not expressly granted in these Terms.