Terms of Service

Effective Date: April 3, 2026  |  Last Updated: April 3, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), the operator of the website located at costavida.top (the "Website"). By accessing, browsing, registering on, or using the Website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, which is incorporated herein by reference.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Website on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with any part of these Terms, you are prohibited from using the Website.

These Terms apply to all visitors, users, customers, and others who access or use the Website or any services provided by Costa Vida, including but not limited to online food ordering, catering inquiries, newsletter subscriptions, and any other features made available through the Website.

Costa Vida reserves the right to update, modify, or replace these Terms at any time at its sole discretion. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Description of Services

Costa Vida operates as a food service business in the United States, providing customers with access to the following services through the Website and other channels:

• Online Food Ordering: Customers may browse our menu and place orders for food and beverages for pickup or delivery, subject to availability and geographic restrictions.
• Catering Services: We offer catering packages and group meal services for events, parties, corporate functions, and other occasions, subject to separate catering agreements and terms.
• Menu Information: The Website provides detailed descriptions, photographs, and nutritional information regarding our food and beverage offerings.
• Account Registration: Users may create an account on the Website to manage orders, save preferences, and access exclusive promotions.
• Promotions and Loyalty Programs: From time to time, Costa Vida may offer promotional discounts, loyalty rewards, gift cards, and other special offers through the Website.
• Customer Support: Users may contact our customer support team through the Website for inquiries, feedback, complaints, and assistance with orders.
• Newsletter and Marketing Communications: With your consent, we may send you marketing emails, newsletters, and promotional communications about our products and services.

Costa Vida reserves the right to modify, suspend, discontinue, or restrict access to any service, feature, or portion of the Website at any time without prior notice or liability. We do not guarantee the continuous, uninterrupted availability of any service.

All food products and services are subject to availability. Menu items, prices, ingredients, and availability may vary by location and are subject to change without notice. We make reasonable efforts to ensure that all descriptions, images, and information on the Website are accurate, but we do not warrant that all content is error-free, complete, or current.

3. User Accounts and Registration

To access certain features of the Website, you may be required to create a user account. When registering, you agree to provide accurate, current, and complete information and to promptly update such information as needed to keep it accurate, current, and complete.

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

Costa Vida reserves the right to suspend or terminate any user account at its sole discretion, without notice, if we determine that you have violated these Terms or engaged in any conduct that is harmful to the Company, other users, or third parties.

4. User Obligations and Prohibited Activities

By using the Website and our services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act) and any applicable consumer protection laws. You also agree to abide by the following obligations and restrictions:

4.1 General User Obligations

• Provide accurate and truthful information when placing orders, creating accounts, or communicating with Costa Vida.
• Use the Website only for lawful purposes and in accordance with these Terms.
• Comply with all applicable laws and regulations in connection with your use of the Website.
• Respect the intellectual property rights and privacy of Costa Vida and third parties.
• Pay for all orders placed through the Website in full and on time, using an authorized and valid payment method.

4.2 Prohibited Activities

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

• Using the Website for any unlawful, fraudulent, or malicious purpose.
• Attempting to gain unauthorized access to any portion of the Website, other user accounts, or any computer systems or networks connected to the Website.
• Transmitting any viruses, malware, ransomware, spyware, or other harmful or disruptive code through the Website.
• Scraping, crawling, data mining, or otherwise collecting information from the Website without our express written consent.
• Using automated bots, scripts, or other automated means to access or interact with the Website.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Posting or transmitting any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable.
• Circumventing or attempting to circumvent any security or authentication measures of the Website.
• Using the Website to transmit unsolicited commercial communications (spam).
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Website.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website without our express written permission.
• Placing fraudulent or fictitious orders, or providing false payment information.
• Attempting to manipulate prices, promotions, or loyalty rewards through deceptive means.
• Violating any applicable federal, state, or local laws or regulations in connection with your use of the Website.

Costa Vida reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these prohibitions, including but not limited to reporting such conduct to law enforcement authorities.

5. Ordering, Payment, and Pricing

5.1 Placing Orders

When you place an order through the Website, you are making an offer to purchase the selected food and beverage items at the stated price. An order confirmation does not constitute acceptance of your order. Costa Vida reserves the right to accept, modify, or reject any order at its sole discretion, including but not limited to cases involving product unavailability, pricing errors, or suspected fraud.

5.2 Pricing and Taxes

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes, delivery fees, service fees, and any other charges will be displayed at checkout prior to finalizing your order. You are responsible for paying all applicable taxes as required by federal, state, and local law.

5.3 Payment Methods

We accept various payment methods as indicated on the Website at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the chosen payment method and that you authorize Costa Vida to charge the applicable fees to that payment method.

5.4 Refunds and Cancellations

All sales are final unless otherwise specified. If you have a concern about your order, please contact us at [email protected] within 24 hours of receiving your order. Refunds, if approved, will be processed in accordance with our then-current refund policy. Costa Vida reserves the right to refuse refunds in cases of suspected abuse or fraud.

5.5 Delivery

Delivery availability, timing, and fees are subject to your location and may vary. Costa Vida does not guarantee specific delivery times. We are not responsible for delays caused by factors outside our reasonable control, including weather, traffic, or third-party delivery service issues.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), is the exclusive property of Costa Vida or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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.

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

• Modify or copy any materials from the Website;
• Use the materials for any commercial purpose or for any public display;
• Remove any copyright or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

Any unauthorized use of the Content immediately terminates the license granted herein. Costa Vida reserves all rights not expressly granted in these Terms.

If you believe that any content on the Website infringes your intellectual property rights, please notify us at [email protected] with a detailed description of the alleged infringement, and we will investigate the matter in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA).

7. Disclaimers and "As-Is" Basis

To the fullest extent permissible under applicable law, Costa Vida expressly disclaims all warranties, express or implied, 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, secure, or free of viruses or other harmful components;
• Warranties regarding the accuracy, completeness, currency, or reliability of any content, information, or materials on the Website;
• Warranties that any errors or defects on the Website will be corrected;
• Warranties regarding the quality, safety, or suitability of any food or beverage products ordered through the Website.

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

Allergen and nutritional information provided on the Website is for general informational purposes only. While we make reasonable efforts to provide accurate allergen information, we cannot guarantee that our products are free from cross-contamination. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Costa Vida, its officers, directors, 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, goodwill, data, use, or other intangible losses, arising out of or in connection with:

• Your access to or use of (or inability to access or use) the Website or services;
• Any conduct or content of any third party on the Website;
• Any unauthorized access, use, or alteration of your transmissions or content;
• Any errors, mistakes, or inaccuracies of content on the Website;
• Personal injury or property damage of any nature resulting from your access to or use of the Website;
• Any bugs, viruses, or other harmful code transmitted through the Website by any third party;
• Any interruption or cessation of transmission to or from the Website;
• Any loss or damage arising from the use of any content posted, emailed, transmitted, or otherwise made available through the Website.

In no event shall Costa Vida's total cumulative liability to you for all claims arising out of or relating to these Terms or your use of the Website exceed the greater of (a) the total amount paid by you to Costa Vida in the twelve (12) months immediately preceding the claim, or (b) one hundred United States Dollars ($100.00).

The limitations of liability set forth in this section shall apply regardless of the form of action, 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 damages, so some or all of the above exclusions and limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, agents, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Website or services;
• Your violation of any provision of these Terms;
• Your violation of any third-party rights, including but not limited to intellectual property rights or privacy rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any dispute between you and any other user of the Website or third party.

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 agree not to settle any such matter without Costa Vida's prior written consent.

10. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Costa Vida. These links are provided for your convenience and informational purposes only. Costa Vida has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites, services, or any information, products, or materials found there.

You acknowledge and agree that Costa Vida shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services. We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit.

11. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information. By using the Website, you consent to the data practices described in our Privacy Policy. We comply with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) to the extent applicable, and the FTC Act's requirements relating to unfair or deceptive practices.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Costa Vida operates, without regard to any conflicts of law principles that would require the application of the laws of another jurisdiction.

Subject to the dispute resolution provisions set forth in Section 13, 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.

Costa Vida operates in compliance with applicable federal consumer protection laws, including regulations enforced by the Federal Trade Commission (FTC Act, 15 U.S.C. § 45 et seq.), and all applicable state food safety and consumer protection regulations.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Website (a "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 we are unable to resolve the Dispute informally within that period, either party may proceed with formal dispute resolution as described below.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any Dispute that cannot be resolved through negotiation shall be resolved by binding individual arbitration, rather than in court, except as provided below. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

The arbitration shall be conducted by a recognized arbitration organization such as the American Arbitration Association (AAA) in accordance with its then-current Consumer Arbitration Rules, or such other arbitration organization as mutually agreed upon by the parties. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

13.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Small claims court actions that qualify under applicable rules are also excluded from the arbitration requirement.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Website or any of our services. Costa Vida may, in its sole discretion, with or without cause, and without prior notice or liability:

• Terminate or suspend your access to all or any part of the Website;
• Delete your user account and all associated data;
• Cancel any pending or future orders;
• Take any other action we deem necessary to protect the interests of the Company and other users.

Grounds for termination include, but are not limited to, violation of these Terms, fraudulent activity, abusive behavior toward our staff or other users, chargebacks, or any conduct that Costa Vida reasonably believes is harmful to the Company, other users, or third parties.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website and services will immediately cease.

The following sections shall survive termination of these Terms: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

15. Changes to Terms

Costa Vida reserves the right, in its sole discretion, to modify, amend, or update these Terms of Service at any time. When we make material changes to these Terms, we will provide notice by:

• Posting the updated Terms on the Website with a new "Last Updated" date;
• Sending an email notification to registered users (where required by applicable law);
• Displaying a prominent notice on the Website's homepage.

Your continued use of the Website or services after the effective date of any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using the Website and services. We encourage you to periodically review these Terms to stay informed of any updates.

16. Food Safety and Allergen Notice

Costa Vida takes food safety seriously and complies with all applicable federal, state, and local food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, we cannot guarantee that our products are completely free from allergens or cross-contamination risks.

Our food products may contain or come into contact with common allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish. Customers with known food allergies, sensitivities, or dietary restrictions are strongly encouraged to contact us directly at [email protected] before placing an order.

Costa Vida shall not be liable for any allergic reaction, adverse health event, or injury resulting from the consumption of our products where the customer has failed to disclose relevant allergy or dietary information prior to ordering.

17. Promotions, Discounts, and Loyalty Programs

From time to time, Costa Vida may offer promotions, discount codes, loyalty rewards, or other special offers ("Promotions"). All Promotions are subject to additional terms and conditions that will be communicated at the time of the offer. Promotions are non-transferable, have no cash value unless otherwise stated, and may not be combined with other offers unless expressly permitted.

Costa Vida reserves the right to modify, suspend, or discontinue any Promotion at any time without prior notice. Any attempt to abuse or manipulate Promotions, including but not limited to creating multiple accounts to obtain multiple discounts, may result in account suspension and cancellation of applicable rewards.

18. Force Majeure

Costa Vida shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, labor disputes, government actions, power outages, internet service disruptions, or supply chain interruptions. In such events, we will make reasonable efforts to resume normal operations as quickly as practicable.

19. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such 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, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

In the event that any provision found to be invalid or unenforceable relates to the class action waiver in Section 13.3, and such invalidity or unenforceability cannot be cured by modification, then the entire arbitration agreement in Section 13.2 shall be null and void, and any Dispute shall be resolved by litigation in a court of competent jurisdiction.

20. 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 concerning your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Any failure by Costa Vida to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default shall be deemed a waiver of any subsequent breach or default.

21. No Agency Relationship

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or franchise relationship between you and Costa Vida. You do not have authority to bind Costa Vida to any obligations, and Costa Vida shall not be responsible for any representations, warranties, or commitments made by you to any third party.

22. Assignment

You may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of Costa Vida. Costa Vida may freely assign these Terms or any rights or obligations hereunder, including in connection with a merger, acquisition, reorganization, or sale of assets, without restriction and without notice to you. Any attempted assignment in violation of this section shall be null and void.

23. Electronic Communications

By using the Website or communicating with us via email or other electronic means, you consent to receive electronic communications from Costa Vida. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You retain the right to withdraw this consent at any time, though doing so may affect your ability to use certain services.

24. Accessibility

Costa Vida is committed to making its Website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards. If you experience any difficulty accessing or using our Website, please contact us at [email protected], and we will make reasonable efforts to assist you and address accessibility concerns.

25. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to contact Costa Vida for any reason, please use the following contact information:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters related to food safety or health concerns, please contact the appropriate local or federal authorities in addition to reaching out to us.

© 2026 Costa Vida. All Rights Reserved. | Last Updated: April 3, 2026