Terms of Service

1. Introduction and Acceptance

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

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

Eligibility Requirements: You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. If you are using our Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

Account Responsibility: You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

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 with a new effective date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

2. Definitions

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

• "We," "Us," "Company," or "Costa Vida" refers to Costa Vida, a food service business located at 7847 Tanners Ln Suite 100, Florence, KY 41042, USA.
• "You," "User," or "Customer" refers to any individual or entity using our Services.
• "Services" refers to all food ordering, delivery, catering, and related services provided through our website, mobile applications, or physical locations.
• "Content" refers to all text, images, graphics, logos, trademarks, software, and other materials available through our Services.
• "Website" refers to costa-vida.top and all associated subdomains and pages.
• "Order" refers to any request for food items or services placed through our platform.
• "Delivery Zone" refers to 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 learning about our food offerings
• Placing orders for personal consumption
• Creating and managing your user account
• Contacting our customer service team
• Subscribing to our newsletters and promotional communications
• Providing reviews and feedback about our products and services
• Using our Services in compliance with all applicable laws and regulations

3.2 Prohibited Use

You are strictly prohibited from:

• Using our Services for any illegal or unauthorized purpose
• Attempting to gain unauthorized access to our systems, accounts, or data
• Interfering with or disrupting our Services or servers
• Transmitting viruses, malware, or other harmful code
• Using our Services to harass, abuse, or harm others
• Posting false, misleading, or defamatory content
• Violating intellectual property rights
• Engaging in fraudulent activities or identity theft
• Sending spam or unsolicited communications
• Attempting to reverse engineer our software or systems
• Using automated systems to access our Services without permission
• Reselling our products without authorization

4. User Accounts

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

Account Security: You are solely responsible for maintaining the confidentiality of your account credentials. You must choose a strong password and not share your account information with others. You agree to immediately notify us of any unauthorized use of your account.

Accurate Information: You must ensure that all information provided during registration and throughout your use of our Services is accurate, current, and complete. You must promptly update your information if it changes.

One Account Policy: Each person may maintain only one active account. Multiple accounts for the same individual are prohibited and may result in account termination.

Account Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspicious activity, or other business reasons. You may also terminate your account at any time by contacting our customer service team.

5. Products and Services

5.1 Food Safety and Quality Standards

Costa Vida is committed to maintaining the highest food safety and hygiene standards. All our food preparation follows local health department regulations and industry best practices. However, we cannot guarantee that our food preparation areas are completely free from allergens or cross-contamination.

Allergen Information: Our menu items may contain or come into contact with common allergens including wheat, eggs, milk, fish, shellfish, tree nuts, peanuts, and soy. If you have food allergies or dietary restrictions, please inform us when placing your order and consult with our staff about ingredients.

5.2 Product Descriptions and Pricing

We strive to provide accurate descriptions and pricing for all menu items. However, we reserve the right to correct any errors in product descriptions, pricing, or availability. If we discover an error after you have placed an order, we will contact you to discuss options.

All prices are listed in USD and are subject to change without notice. Applicable taxes, delivery fees, and service charges will be added to your order total at checkout.

5.3 Order Acceptance and Processing

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

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

5.4 Delivery Terms and Conditions

Delivery Zones: We provide delivery services only within designated delivery zones. You can check if your address is within our delivery area during the checkout process.

Delivery Times: Estimated delivery times are provided as a courtesy and are not guaranteed. Delivery times may vary due to weather conditions, traffic, order volume, and other factors beyond our control.

Minimum Order Requirements: A minimum order value may be required for delivery services. This amount varies by location and will be displayed during checkout.

Temperature-Sensitive Items: We take special care in handling temperature-sensitive food items. However, once food leaves our premises, we cannot control external factors that may affect food temperature and quality.

5.5 Order Modification and Cancellation

Order modifications or cancellations may be possible if requested within 5 minutes of order placement. Once food preparation has begun, modifications or cancellations may not be possible. Please contact our customer service team immediately if you need to modify or cancel an order.

5.6 Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our platform. You authorize us to charge your selected payment method for the full order amount, including taxes, fees, and gratuities.

5.7 Returns and Refunds

Due to the perishable nature of food products, we generally cannot accept returns. For issues with food quality, missing items, or delivery problems, please contact our customer service team within 24 hours of delivery. Refund and compensation policies are detailed in our Refund Policy.

6. Intellectual Property

Our Ownership: All content on our website and mobile applications, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Costa Vida or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

Trademarks: The Costa Vida name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Costa Vida. You may not use these trademarks without our prior written consent.

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes only. This license does not include any right to resell or make commercial use of our Services or content.

User Content License: By submitting reviews, comments, photos, or other content to our platform, you grant Costa Vida a perpetual, royalty-free, worldwide license to use, reproduce, modify, and distribute such content for business purposes.

Copyright Infringement: If you believe that content on our platform infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

Your Responsibility: You are solely responsible for any content you submit, post, or transmit through our Services. This includes reviews, comments, photos, and any other user-generated content.

Content License: By submitting content to our platform, you grant Costa Vida a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute such content.

Prohibited Content: You may not submit content that is:

• Illegal, harmful, or offensive
• Defamatory or fraudulent
• Infringing on intellectual property rights
• Contains personal information of others
• Commercial or promotional in nature
• Spam or repetitive

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

No Endorsement: Costa Vida does not endorse any user content and is not responsible for the accuracy, usefulness, or intellectual property rights of user-submitted content.

8. Disclaimers

"As Is" Service: Our Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our Services or the information, content, materials, or products included therein.

No Warranty of Uninterrupted Service: We do not warrant that our Services will be uninterrupted, secure, or error-free. We may experience technical issues, maintenance periods, or other interruptions.

Third-Party Content: We are not responsible for the accuracy, reliability, or content of third-party websites, applications, or services that may be linked to or integrated with our Services.

Professional Advice Disclaimer: Information provided through our Services is for general informational purposes only and should not be considered professional advice regarding nutrition, health, or dietary requirements.

9. Limitation of Liability

Maximum Liability: In no event shall Costa Vida's total liability to you for all damages, losses, and causes of action exceed the total amount paid by you to Costa Vida in the twelve (12) months preceding the claim.

Excluded Damages: Costa Vida shall not 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.

Food-Related Claims: Our liability for food quality issues, allergic reactions, or foodborne illness is limited to replacement of the affected items or refund of the purchase price.

Delivery Issues: We are not liable for delays or failures in delivery due to circumstances beyond our reasonable control, including but not limited to weather conditions, traffic, or customer unavailability.

10. Indemnification

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

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or transmit through our Services
• Your negligent or wrongful conduct

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

11. Third-Party Links and Services

Third-Party Integration: Our Services may contain links to third-party websites, applications, or services, including payment processors, social media platforms, and delivery partners.

No Responsibility: We are not responsible for the availability, content, privacy practices, or terms of use of any third-party services. Your use of third-party services is governed by their respective terms and policies.

No Endorsement: The inclusion of any link or integration does not constitute an endorsement by Costa Vida of the third-party service or its content.

12. Termination

Company Right to Terminate: We may suspend or terminate your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

User Right to Terminate: You may terminate your account at any time by contacting our customer service team or using account closure features in our platform.

Effect of Termination: Upon termination, your right to use our Services ceases immediately. We may delete your account and all associated data, though some information may be retained as required by law or for legitimate business purposes.

Survival: Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination of these Terms.

13. Governing Law and Disputes

Applicable Law: These Terms and your use of our Services are governed by the laws of Kentucky, United States, without regard to conflict of law provisions.

Jurisdiction: Any disputes arising from these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Florence, Kentucky.

Dispute Resolution: Before filing any lawsuit, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We are committed to working with our customers to resolve issues amicably.

Time Limitation: Any claims or disputes must be brought within one (1) year of the date the claim or dispute arose, or such claim or dispute shall be forever barred.

14. Changes to Terms

Right to Modify: Costa Vida reserves the right to modify these Terms at any time to reflect changes in our business practices, legal requirements, or for other business reasons.

Notification: We will notify you of material changes by posting the updated Terms on our website with a new effective date. For significant changes, we may also send you an email notification.

Acceptance: Your continued use of our Services after the effective date of any changes constitutes your acceptance of the modified Terms.

Review Responsibility: It is your responsibility to periodically review these Terms to stay informed of any changes.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Costa Vida regarding your use of our Services.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms remain in full force and effect.

Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment: You may not assign or transfer these Terms or your account without our prior written consent. Costa Vida may assign these Terms without restriction.

Force Majeure: Costa Vida shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, or government actions.

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

16. Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us: