Terms of Service

Effective Date: March 26, 2026  |  Last Updated: March 26, 2026

1. Acceptance of Terms

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 vidacosta.digital (the "Website") and all related services, features, content, and functionality offered by Costa Vida (collectively, the "Services").

By accessing, browsing, registering an account on, or otherwise using our Website or Services, you represent and warrant that:

• You are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity and authority to enter into this Agreement;
• You are not prohibited by any applicable law from using our Services;
• All information you provide to us is accurate, current, and complete;
• You will comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services.

These Terms apply to all visitors, users, customers, and any other individuals or entities who access or use our Services. Your continued use of the Website after any modification to these Terms constitutes your acceptance of the revised Terms.

2. Description of Services

Costa Vida is a food service company operating within the United States. Through our Website and digital platforms, we provide the following services:

2.1 Online Ordering and Food Services

Costa Vida offers online food ordering capabilities allowing customers to browse menu items, customize food orders, place orders for pickup or delivery, and complete transactions through our digital platform. Our menu may include fresh Mexican-inspired cuisine, beverages, catering options, and related food products.

2.2 Account Registration Services

Users may create personal accounts on our Website to manage orders, save preferences, access loyalty rewards, review order history, and receive personalized offers and communications.

2.3 Loyalty and Rewards Programs

Costa Vida may offer loyalty programs, rewards points, promotional discounts, and special offers to registered users. Participation in such programs is subject to additional terms and conditions that may be published separately.

2.4 Catering and Event Services

We may offer catering services for events, corporate functions, and group gatherings. Such services may be subject to additional agreements, minimum order requirements, and separate pricing structures.

2.5 Digital Content and Information

Our Website provides nutritional information, allergen details, ingredient disclosures, promotional content, and other information related to our food products and services.

Costa Vida reserves the right to modify, suspend, discontinue, or expand any aspect of our Services at any time, with or without notice, at our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of our Website and Services, you agree to:

• Provide accurate, truthful, and complete information when creating an account or placing orders;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized use of your account;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Respect the intellectual property rights of Costa Vida and third parties;
• Ensure that any payment information you provide is accurate and that you are authorized to use the payment method submitted;
• Promptly update your account information to keep it accurate and current;
• Accept responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You expressly agree that you will NOT:

• Use the Website or Services for any unlawful purpose or in violation of any federal, state, or local law or regulation;
• Attempt to gain unauthorized access to any portion or feature of the Website, or any systems or networks connected to the Website;
• Use any automated software, bots, crawlers, scrapers, or similar technologies to access, monitor, copy, or index the Website or its content without our prior written consent;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website;
• Post, transmit, or distribute any false, misleading, defamatory, obscene, offensive, or fraudulent content;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Transmit any viruses, worms, malware, ransomware, or any other harmful or destructive code;
• Interfere with or disrupt the integrity or performance of the Website or the servers and networks that host it;
• Attempt to decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Services;
• Use the Website to send unsolicited communications, spam, or commercial messages;
• Collect or harvest any personally identifiable information from other users without their express consent;
• Use our Services for competitive intelligence, benchmarking, or to develop competing products or services;
• Engage in any fraudulent activity including but not limited to using stolen payment methods, creating fake accounts, or manipulating loyalty rewards programs;
• Violate the rights of any third party, including privacy rights, intellectual property rights, or contractual rights.

Costa Vida reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including reporting such users to law enforcement authorities.

4. Account Registration and Security

To access certain features of our Services, you may be required to register for an account. When registering, you agree to provide accurate and complete information and to keep such information updated. You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

You agree to immediately notify Costa Vida of any unauthorized use of your password or account, or any other breach of security, by contacting us at [email protected]. Costa Vida cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to terminate or suspend accounts, refuse service, remove or edit content, or cancel orders at our sole discretion, including for violations of these Terms.

5. Payment Terms and Ordering

5.1 Pricing and Payment

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable state and local sales taxes. Prices are subject to change without prior notice. The price charged for an order will be the price in effect at the time of order placement.

5.2 Accepted Payment Methods

We accept various payment methods as indicated on our Website at the time of checkout, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets, and other payment methods as may be added or removed from time to time.

5.3 Authorization

By providing payment information, you represent and warrant that: (a) you are legally authorized to use the payment method provided; (b) you authorize Costa Vida to charge the designated payment method for the total amount of your order, including applicable taxes and fees; and (c) you will not dispute charges that accurately reflect a completed transaction.

5.4 Order Confirmation

An order confirmation does not constitute acceptance of your order. Costa Vida reserves the right to refuse or cancel any order at any time for reasons including but not limited to: product unavailability, errors in product or pricing information, or suspected fraud.

5.5 Refunds and Cancellations

Refund and cancellation policies are subject to our separate Refund Policy, which is incorporated herein by reference. In general, due to the perishable nature of food products, refunds may be limited. Please contact us at [email protected] within a reasonable time if you experience any issues with your order.

5.6 Promotional Codes and Discounts

Promotional codes, discount offers, and loyalty rewards are subject to their specific terms and conditions. They may not be combined with other offers, transferred, sold, or redeemed for cash unless expressly permitted. Costa Vida reserves the right to modify or revoke promotions at any time.

6. Intellectual Property Rights

6.1 Ownership

The Website and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, icons, images, audio clips, video, digital downloads, data compilations, software, 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.

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

6.3 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 the Website and Services for your personal, non-commercial purposes. This license does not include any resale or commercial use of the Website or its contents.

6.4 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use.

6.5 User-Submitted Content

If you submit reviews, comments, feedback, photos, or other content to our Website ("User Content"), you grant Costa Vida a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content and that it does not violate these Terms or applicable law.

7. Privacy and Data Protection

Your use of our Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our Services. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent you are a resident of California, your privacy rights are also governed by the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for further details regarding your rights under applicable law.

8. Disclaimers and "As-Is" Basis

8.1 No Warranties

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Availability

COSTA VIDA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COSTA VIDA DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.

8.3 Food and Allergen Disclaimer

While Costa Vida strives to provide accurate nutritional and allergen information on our Website, we cannot guarantee that all information is complete, current, or error-free. Menu items may be prepared in facilities that also handle common allergens including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish. If you have food allergies or dietary restrictions, please contact us directly before placing an order. Costa Vida is not responsible for any adverse reactions resulting from your consumption of our food products.

8.4 Third-Party Services

Our Website may contain links to third-party websites, services, or applications 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 websites or services. We encourage you to review the terms and privacy policies of any third-party services you access.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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 IN CONNECTION WITH:

• Your access to, use of, or inability to access or use the Website or Services;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any transaction conducted through or facilitated by our Services;
• Any food products purchased from or through Costa Vida;
• 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 IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COSTA VIDA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns 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 of Service;
• Your use of the Website or Services, including but not limited to any User Content you submit;
• Your violation of any applicable law, regulation, or ordinance;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights;
• Any fraudulent, negligent, or intentionally wrongful acts or omissions by you;
• Any unauthorized use of your account credentials;
• Your breach of any representations or warranties made by you in connection with these Terms.

Costa Vida reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Costa Vida.

11. 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 or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Costa Vida's principal place of business is located, without regard to its conflict of law provisions.

These Terms are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing unfair or deceptive acts and practices in commerce. To the extent you are a California resident, certain provisions of the California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq., as amended by the California Privacy Rights Act (CPRA), may also apply to you.

Subject to the arbitration provisions below, you hereby consent to the exclusive jurisdiction of the federal and state courts located in the United States for the resolution of any disputes not subject to arbitration. You waive any objection to the laying of venue in such courts and any claim that such courts represent an inconvenient forum.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting Costa Vida at [email protected]. Both parties agree to attempt in good faith to negotiate an informal resolution within thirty (30) days of notice of the dispute.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or your use of the Services shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules and supplementary procedures for consumer-related disputes, or by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, except as modified herein.

The arbitration shall be conducted in English and the decision of the arbitrator shall be final and binding upon both parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.3 Class Action Waiver

YOU AND COSTA VIDA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND COSTA VIDA EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 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 conclusion of arbitration. Nothing in this section shall prevent either party from seeking relief in a small claims court for disputes within that court's jurisdiction.

12.5 Time Limitation on Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect while you use the Website or Services or maintain an account with Costa Vida.

13.2 Termination by You

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

13.3 Termination by Costa Vida

Costa Vida reserves the right, in its sole discretion, to terminate or suspend your account and access to the Services at any time and for any reason, including but not limited to your violation of these Terms, fraudulent activity, illegal conduct, or conduct that Costa Vida determines to be harmful to other users, third parties, or the Company's business interests. Termination may occur without prior notice.

13.4 Effect of Termination

Upon termination of your account, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

13.5 Outstanding Obligations

Termination of your account does not relieve you of any obligations to pay outstanding fees or amounts owed to Costa Vida, or from liability for any actions taken prior to termination.

14. Changes to Terms of Service

Costa Vida reserves the right, at our sole discretion, to modify, revise, update, or replace any part of these Terms of Service at any time. We will provide notice of material changes by:

• Posting the updated Terms on the Website with a revised "Last Updated" date;
• Sending an email notification to registered account holders at the email address on file;
• Displaying a prominent notice on the Website homepage or at login.

Your continued use of the Website or Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to the modified Terms, you must discontinue use of the Website and Services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed about our current policies and practices. The most current version of the Terms will always be accessible at vidacosta.digital.

15. Food Safety and Regulatory Compliance

Costa Vida operates in compliance with applicable federal, state, and local food safety laws and regulations, including standards set forth by the United States Food and Drug Administration (FDA), the United States Department of Agriculture (USDA), and applicable state and local health department requirements.

We are committed to maintaining high food safety standards; however, we make no warranty or representation that our food products are free from all allergens, contaminants, or pathogens. Customers with specific dietary requirements, food allergies, or health conditions should exercise caution and consult with their healthcare provider prior to consuming our food products. For allergen inquiries, please contact us directly at [email protected].

16. Accessibility

Costa Vida is committed to ensuring digital accessibility for people with disabilities. We continually improve the user experience for everyone and apply the relevant accessibility standards to the extent reasonably practicable. If you experience any difficulty accessing our Website or have suggestions for improvement, please contact us at [email protected].

17. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to public policy for any reason, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed and eliminated from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by such invalidity, illegality, or unenforceability.

The parties further agree that any such court or arbitrator shall have the authority to modify and reform such provision to the minimum extent necessary to make it enforceable, and the parties agree to be bound by such modification.

18. Waiver

No failure or delay by Costa Vida in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise of that right, power, or remedy, or the exercise of any other right, power, or remedy. Any waiver by Costa Vida of any term or condition of these Terms in any instance shall not be deemed or construed as a waiver of such term or condition in the future, or of any subsequent breach thereof.

19. 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, shall constitute the entire agreement between you and Costa Vida concerning your use of the Website and Services, and shall supersede all prior or contemporaneous communications, representations, agreements, or understandings, whether written or oral, between you and Costa Vida with respect to such subject matter.

20. Force Majeure

Costa Vida shall not be liable for any failure or delay in the performance of our 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, epidemics or pandemics, government actions or regulations, strikes or labor disputes, power outages, internet or telecommunications failures, civil unrest, terrorism, or war. In the event of a force majeure event, we will use commercially reasonable efforts to resume performance as soon as practicable.

21. 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 or any of its rights or obligations hereunder to any affiliate, subsidiary, or successor entity, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without restriction and without prior notice to you. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

22. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact Costa Vida for any reason, please reach out to us using the following contact information:

We will make every effort to respond to your inquiry within five (5) business days. For urgent matters related to food safety, allergens, or order issues, please email us with the subject line "URGENT" to ensure a prompt response.

These Terms of Service were last updated and are effective as of March 26, 2026.