Terms of Service

Effective Date: July 1, 2026  |  Last Updated: July 1, 2026

1. Acceptance of Terms

Welcome to Costa Vida. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), governing your access to and use of the website located at costavida-new.world (the "Website"), including all content, features, functionality, and services offered through the Website.

By accessing or using our Website, placing an order, creating an account, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue your use of the Website and our services.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use the Website. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of such changes.

If you are using our Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to 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 using the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

2. Description of Services

Costa Vida is a food service company operating within the United States, providing customers with access to fresh, high-quality food products and dining experiences. Through our Website at costavida-new.world, we offer the following services:

• Online Ordering: Customers may browse our menu, customize orders, and place food orders for pickup or delivery, subject to availability in your area.
• Menu Information: We provide detailed descriptions of menu items, including ingredients, nutritional information, and allergen disclosures to the best of our ability.
• Catering Services: We offer catering options for events, corporate gatherings, and private functions. Catering orders are subject to additional terms and conditions as may be communicated at the time of booking.
• Loyalty Programs: We may offer rewards programs, promotional discounts, and loyalty incentives through the Website, subject to specific program terms.
• Customer Support: Users may contact us through the Website or via the contact information provided herein for inquiries, complaints, and support requests.
• Informational Content: We provide general information about our brand, locations, franchise opportunities, and company news.

We reserve the right to modify, suspend, discontinue, or restrict access to any part of our services at any time, with or without prior notice, and without liability to you. We may also introduce new features or services, which shall be governed by these Terms unless separate terms are provided.

Availability of certain services, menu items, and delivery options may vary by location and is subject to change without notice. Costa Vida does not guarantee the continuous or uninterrupted availability of any service.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order.
• Maintain the confidentiality and security of your account credentials and notify us immediately of any unauthorized access.
• Use the Website only for lawful purposes and in compliance with these Terms and all applicable federal, state, and local laws and regulations.
• Promptly update your account information to keep it accurate and current.
• Accept responsibility for all activity that occurs under your account.
• Comply with all applicable food safety, health, and regulatory requirements when receiving food products.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website for any unlawful purpose or in violation of any federal, state, or local law or regulation.
• Attempting to gain unauthorized access to any portion of the Website, other users' accounts, or any systems or networks connected to the Website.
• Using automated tools, bots, scrapers, or similar technologies to access, collect data from, or otherwise interact with the Website without our express written permission.
• Transmitting any viruses, malware, spyware, or other harmful code through the Website.
• Engaging in any conduct that could damage, disable, overburden, or impair the Website or servers or networks connected to the Website.
• Using the Website to send unsolicited communications, including spam, chain letters, or other commercial communications.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Attempting to interfere with the proper functioning of the Website or circumventing any security measures implemented by Costa Vida.
• Collecting or harvesting any personally identifiable information from the Website without our explicit consent.
• Using our intellectual property, trademarks, or brand assets without prior written authorization.
• Submitting false, misleading, or fraudulent orders, reviews, or information.
• Engaging in any activity that violates the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
• Attempting to reverse engineer, decompile, or disassemble any software or systems used in connection with the Website.
• Engaging in any fraudulent activity, including but not limited to chargebacks, coupon fraud, or the abuse of promotional offers.

Violation of these prohibitions may result in the immediate suspension or termination of your account and access to our services, and may subject you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and features available on or through the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, user interfaces, design elements, and the overall "look and feel" of the Website (collectively, "Content"), are the exclusive property of Costa Vida or its licensors and are protected by United States and international intellectual property laws, including copyright, trademark, patent, trade secret, and other applicable laws.

The Costa Vida name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Costa Vida. You may not use these marks without our prior written permission. All other trademarks, service marks, and logos used on the Website are the property of their respective owners.

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

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Download or copy any account information for the benefit of any third party;
• Use the Website or its Content for any commercial purpose without our express written consent.

Any unauthorized use of the Content or Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Costa Vida reserves all rights not expressly granted herein.

If you believe that any content on the Website infringes upon your copyright, please notify us at [email protected] with sufficient detail to allow us to investigate the claim, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Online Ordering and Payment Terms

5.1 Order Placement

By placing an order through our Website, you agree that all information you provide is accurate and complete. All orders are subject to availability and confirmation. We reserve the right to refuse or cancel any order at our sole discretion, including in cases of pricing errors, unavailability of items, or suspected fraud.

5.2 Pricing and Payment

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

We accept various 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 authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

5.3 Refunds and Cancellations

Our refund and cancellation policy is as follows: Once an order has been confirmed and preparation has begun, cancellations may not be possible. If you are unsatisfied with your order due to a verified error on our part, please contact us at [email protected] within twenty-four (24) hours of receiving your order. Refunds are issued at our discretion and may be provided in the form of account credits, replacement orders, or monetary refunds, as appropriate.

5.4 Catering Orders

Catering orders may require advance deposits and are subject to separate cancellation policies communicated at the time of booking. Please contact us directly for catering terms and conditions.

5.5 Promotional Offers and Discounts

Promotional codes, coupons, and discounts are subject to specific terms and expiration dates. They cannot be combined with other offers unless explicitly stated, and have no cash value. We reserve the right to cancel or modify promotional offers at any time.

6. Disclaimers and "As-Is" Basis

To the fullest extent permitted by 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 that defects or errors will be corrected;
• Warranties that the Website or the servers that make it available are free of viruses or other harmful components.

Costa Vida does not warrant or make any representations regarding the use or the results of the use of the Website or its Content in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction arising from your use of the Website.

Nutritional information, allergen disclosures, and ingredient lists provided on the Website are intended as general guidance only. While we strive to maintain accuracy, menu items and recipes may change, and cross-contamination risks may exist in our kitchens. Individuals with severe food allergies or specific dietary requirements should contact us directly before ordering.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by applicable law.

7. Limitation of Liability

This limitation applies to damages arising out of or in connection with:

• Your use of or inability to use the Website or services;
• Any unauthorized access to or alteration of your data or transmissions;
• Any content obtained from the Website;
• Any transactions conducted through the Website;
• Any statements or conduct of any third party on the Website;
• Any food products ordered or consumed, except as otherwise required by law;
• Any other matter relating to the Website or our services.

In jurisdictions where such limitations are permitted, Costa Vida's total cumulative liability to you for any claims arising out of or related to these Terms or our services shall not exceed the greater of: (a) the total amount you paid to Costa Vida in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100.00 USD).

Some states, including California, do not allow the limitation of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law. Nothing in these Terms limits our liability for fraud, gross negligence, or willful misconduct, or any liability that cannot be excluded by applicable law, including any obligations under the Federal Trade Commission Act (FTC Act) or applicable state consumer protection laws.

8. Indemnification

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

• Your violation of these Terms;
• Your use of the Website or services in a manner not authorized by these Terms;
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or publicity rights;
• Your violation of any applicable law, regulation, or ordinance;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any misrepresentation made by you;
• Any fraudulent orders or misuse of promotional offers.

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 such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Website and our services is governed by our Privacy Policy, which is available on our Website and incorporated into these Terms by reference.

By using the Website, you consent to the collection and use of your information as described in our Privacy Policy. Our services are subject to applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, as well as the Federal Trade Commission Act (FTC Act) and other applicable federal and state privacy regulations.

We implement commercially reasonable security measures to protect your personal information; however, no method of transmission over the Internet or electronic storage is completely secure. We cannot guarantee absolute security of your data.

10. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. We provide these links for your convenience only and do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly advise you to review the terms of service and privacy policy of any third-party websites you visit. 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 your use of or reliance on any content, goods, or services available on or through any third-party websites.

11. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or your use of the Website shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws where Costa Vida is registered and operates, without regard to conflict of law principles.

To the extent that any dispute is not subject to mandatory arbitration under Section 12 below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States, in the jurisdiction where Costa Vida maintains its principal place of business.

These Terms are subject to applicable federal laws, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 45) governing unfair or deceptive acts and practices;
• The Electronic Communications Privacy Act;
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030);
• The Digital Millennium Copyright Act (17 U.S.C. § 512);
• The Americans with Disabilities Act (ADA) as applicable to online accessibility;
• All applicable state consumer protection statutes;
• The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents.

If you are a consumer residing in a state that provides additional consumer protection rights under state law, those rights are not waived by these Terms. Costa Vida complies with all applicable state and federal consumer protection regulations.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Costa Vida at [email protected] and attempt to resolve the dispute informally. We will use good faith efforts to resolve the dispute within thirty (30) days of receiving your written notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution.

12.2 Binding Arbitration

Except as otherwise provided in this Section, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our services (collectively, "Disputes") that cannot be resolved informally shall be resolved by binding arbitration, rather than in court, in accordance with the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, as amended from time to time.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties. The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award. Judgment on the arbitration award may be entered in any court having jurisdiction.

12.3 Class Action Waiver

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 actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Additionally, either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court.

12.5 Arbitration Fees

The allocation of arbitration fees shall be governed by the AAA Consumer Arbitration Rules. If you initiate arbitration and the AAA Consumer Arbitration Rules require Costa Vida to pay the arbitration fees, we will do so. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claims are frivolous.

13. Term and Termination

These Terms are effective from the date you first access the Website or use our services and shall remain in effect until terminated in accordance with this Section.

13.1 Termination by You

You may terminate your account and stop using the Website at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders placed.

13.2 Termination by Costa Vida

We reserve the right, in our sole discretion, to suspend, disable, or terminate your access to the Website and services, with or without notice, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Suspected fraud, abuse, or illegal activity;
• Requests from law enforcement or other government authorities;
• Extended periods of inactivity;
• Discontinuation of our services or the Website.

13.3 Effect of Termination

Upon termination, your right to use the Website and services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and Severability.

14. Changes to Terms

Costa Vida reserves the right to modify, update, or revise these Terms at any time at our sole discretion. We will notify you of material changes by:

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

Your continued use of the Website or services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Website and services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of the Terms will always be available at costavida-new.world.

15. Severability

If any provision of these Terms is found to be unlawful, void, invalid, or unenforceable for any reason by a court of competent jurisdiction or arbitrator, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

In such event, the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision. The remaining provisions of these Terms shall continue in full force and effect.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Costa Vida's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, 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 our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter herein.

These Terms do not create any joint venture, partnership, employment, or agency relationship between you and Costa Vida. You agree that these Terms may not be construed against Costa Vida by virtue of having drafted them.

17. Force Majeure

Costa Vida shall not be liable for any delay or failure to perform our 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, government actions, labor disputes, power outages, internet disruptions, supply chain failures, civil unrest, or other events of force majeure.

In the event of a force majeure situation, we will use commercially reasonable efforts to resume performance as soon as practicable and will notify you of the situation where feasible.

18. Accessibility

Costa Vida is committed to ensuring digital accessibility for individuals with disabilities. We continually improve the user experience for all users and apply relevant accessibility standards. If you experience any difficulty accessing content on our Website, please contact us at [email protected] so we can provide the information in an alternative format or otherwise assist you.

19. Electronic Communications

By using the Website and creating an account or placing an order, you consent to receive electronic communications from Costa Vida. These communications may include notices about your account, order confirmations, promotional materials (if you have opted in), and other information concerning or related to your use of our services.

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions in such communications or by contacting us directly.

20. California Consumer Rights

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including but not limited to the right to know what personal information we collect, the right to delete personal information, the right to opt-out of the sale or sharing of personal information, the right to correct inaccurate personal information, and the right to non-discrimination for exercising your privacy rights.

To exercise your California privacy rights, please contact us at [email protected]. We will respond to verifiable consumer requests within the timeframes required by applicable law.

California residents may also contact the California Attorney General's Office or the California Privacy Protection Agency for information about their rights and how to file complaints regarding privacy practices.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to report a violation or submit a legal notice, please contact us using the following information:

We will make every reasonable effort to respond to your inquiry within five (5) business days. For legal notices or service of process, please use the mailing address provided above.