Terms of Service

1. Introduction and Acceptance

Welcome to Costa Vida ("we," "us," "our," or "Company"). These Terms of Service ("Terms," "Agreement") govern your use of our website located at vidas-costas.rest, our mobile applications, and all related services, features, and content provided by Costa Vida (collectively, the "Service").

By accessing, browsing, or using our Service in any manner, including placing food orders, creating an account, subscribing to our newsletters, or engaging with our content, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Eligibility Requirements:

• You must be at least 18 years old or the age of majority in your jurisdiction to use our Service
• If you are under 18, you may only use our Service with parental or guardian consent and supervision
• You must have the legal capacity to enter into binding agreements
• You must not be prohibited from using our Service under applicable laws

Account Responsibility: If you create an account, 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.

Updates to Terms: We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.

2. Definitions

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

• "Company," "we," "us," or "our" refers to Costa Vida, a food service business located at 1517 Shattuck Ave., Berkeley, CA 94709, USA.
• "You," "your," or "User" refers to any individual or entity accessing or using our Service.
• "Service" or "Services" refers to our website, mobile applications, food delivery, catering services, and all related features and content.
• "Content" refers to all text, graphics, images, music, software, audio, video, information, and other materials available through our Service.
• "Website" refers to our website located at vidas-costas.rest and all associated subdomains.
• "Order" refers to a request for food items or services placed through our Service.
• "Delivery Area" refers to the geographic regions where we provide delivery services.
• "Account" refers to your registered user profile on our Service.

3. Use of Services

3.1 Permitted Use

You may use our Service for the following purposes:

• Personal, non-commercial use to browse our menu, place food orders, and access information about our services
• Creating an account to facilitate ordering and track your order history
• Subscribing to our newsletter and marketing communications
• Providing reviews and feedback about our food and services
• Contacting us for customer support or inquiries

You agree to:

• Comply with all applicable federal, state, and local laws and regulations
• Provide accurate, current, and complete information when creating accounts or placing orders
• Maintain the security of your account credentials
• Use the Service only for its intended purpose

3.2 Prohibited Use

You agree NOT to use our Service for any of the following prohibited activities:

• Illegal Activities: Any unlawful purpose or in violation of any applicable laws or regulations
• Harmful Behavior: Transmitting viruses, malware, or other harmful code that could damage our Service or users' devices
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, or user accounts
• Intellectual Property Violations: Copying, distributing, or creating derivative works from our Content without permission
• Spam and Unsolicited Communications: Sending unsolicited messages or communications to other users
• False Information: Providing false, misleading, or fraudulent information
• System Interference: Interfering with or disrupting the Service or servers connected to the Service
• Commercial Exploitation: Using the Service for unauthorized commercial purposes or reselling our products
• Impersonation: Impersonating any person or entity or misrepresenting your affiliation
• Harassment: Harassing, threatening, or intimidating other users or our staff

4. User Accounts

Registration Requirements: To access certain features of our Service, you may be required to create an account. During registration, you must provide accurate 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
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring your contact information remains current and accurate

One Account Per Person: You may maintain only one account per person. Multiple accounts by the same individual are prohibited and may result in account termination.

Account Termination Rights: We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspicious activity, or at our sole discretion. You may also delete your account at any time by contacting us.

Account Information Updates: You must promptly update your account information if any details change, particularly your delivery address, phone number, or payment information.

5. Products and Services

Food Safety and Hygiene: Costa Vida is committed to maintaining the highest standards of food safety and hygiene in compliance with all applicable health regulations. All food preparation follows established safety protocols and local health department guidelines.

Product Descriptions: We strive to provide accurate descriptions of our menu items, including ingredients, allergen information, and nutritional data. However, we cannot guarantee complete accuracy, and information may change without notice.

Pricing and Availability:

• All prices are subject to change without notice
• Prices displayed include applicable taxes unless otherwise stated
• Menu items are subject to availability
• We reserve the right to limit quantities and discontinue items
• Special promotional pricing may have additional terms and restrictions

Order Acceptance and Processing:

• All orders are subject to acceptance by Costa Vida
• We reserve the right to refuse or cancel any order at our discretion
• Order confirmation does not guarantee acceptance
• We may contact you to verify order details or address any issues

Delivery Terms:

• Delivery Areas: We deliver only within our designated delivery zones as specified on our website
• Minimum Orders: A minimum order value may be required for delivery service
• Delivery Times: Estimated delivery times are approximate and may vary based on order volume, weather, and other factors
• Delivery Fees: Delivery charges apply and vary by distance and order value
• Temperature Control: We use insulated bags to maintain food temperature during delivery, but cannot guarantee temperature upon arrival
• Failed Delivery: If delivery cannot be completed due to incorrect address or unavailability, additional charges may apply for redelivery

Order Modifications and Cancellations:

• Order modifications may be possible if requested immediately after placing the order
• Cancellations must be requested as soon as possible and may not be possible once food preparation begins
• Cancellation policies may vary based on order type and timing

Food Quality Guarantee: We stand behind the quality of our food. If you are not satisfied with your order due to quality issues, please contact us within 2 hours of delivery, and we will work to resolve the issue appropriately.

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 website. By providing payment information, you authorize us to charge the specified amount.

Returns and Refunds: Due to the perishable nature of food products, we generally do not accept returns. For refund policies, please refer to our separate Refund Policy.

6. Intellectual Property

Our Ownership: The Service and all Content, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "Our Content"), are owned by Costa Vida or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Trademarks: Costa Vida, our logo, and other marks indicated on our Service are trademarks of Costa Vida. You may not use these trademarks without our prior written consent.

Limited License to Users: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service for personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the Service or Content
• Collection and use of product listings or descriptions
• Making derivative works of any Content
• Downloading or copying account information for another merchant
• Any use of data mining, robots, or similar data gathering tools

User Content License: By submitting content to our Service (such as reviews, photos, or comments), you grant Costa Vida a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with our Service and business.

Copyright Infringement: We respect intellectual property rights. If you believe that material on our Service infringes your copyright, please contact us with the following information:

• Description of the copyrighted work claimed to be infringed
• Location of the allegedly infringing material
• Your contact information
• Statement of good faith belief that use is not authorized
• Statement that information is accurate and you are authorized to act
• Your physical or electronic signature

7. User Content

Content Responsibility: You are solely responsible for all content you submit, post, or transmit through our Service ("User Content"). This includes reviews, comments, photos, and any other materials you provide.

Content License Grant: By submitting User Content, you grant Costa Vida a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our Service and business operations.

Prohibited Content: You may not post User Content that:

• Violates any applicable laws or regulations
• Infringes on intellectual property rights of others
• Contains false, misleading, or fraudulent information
• Is defamatory, libelous, or threatening
• Contains hate speech or discriminatory language
• Includes personal information of others without consent
• Is obscene, pornographic, or inappropriate for our audience
• Contains spam or promotional content
• Promotes illegal activities or substances

Content Removal Rights: We reserve the right to remove, edit, or refuse to post any User Content at our sole discretion without prior notice. We may also suspend or terminate accounts that repeatedly post prohibited content.

No Endorsement: Costa Vida does not endorse any User Content or opinions expressed therein. User Content does not reflect our views or positions.

Content Monitoring: While we may monitor User Content, we are not obligated to do so and cannot guarantee that all inappropriate content will be detected or removed promptly.

8. Disclaimers

"As Is" Service Provision: OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Service Availability: We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• The results of using the Service will meet your requirements
• The Service will be available at all times

Third-Party Content: Our Service may include content, information, or services provided by third parties. We do not control, endorse, or assume responsibility for such third-party content.

Food Service Disclaimers:

• We cannot guarantee specific delivery times due to factors beyond our control
• Food quality may be affected by delivery time and environmental conditions
• Nutritional information is approximate and may vary
• Menu items and availability may change without notice

Professional Advice: Information on our Service is for general purposes only and should not be construed as professional advice. Consult appropriate professionals for specific dietary, health, or nutritional guidance.

9. Limitation of Liability

Maximum Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Liability Cap: OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Excluded Damages: WE SHALL NOT BE LIABLE FOR:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Personal injury (except as required by law)
• Emotional distress
• Consequential or indirect damages of any kind

Food-Related Limitations: We are not liable for:

• Adverse reactions to food due to undisclosed allergies or sensitivities
• Temperature changes during delivery
• Delays caused by weather, traffic, or other external factors
• Customer unavailability during delivery attempts

Essential Purpose: If any limitation or disclaimer of warranty set forth herein is held to be unenforceable or fails of its essential purpose, then the liability of Costa Vida shall not exceed the amount paid by you for the specific service that gave rise to the claim.

Jurisdictional Variations: Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so these limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

User Indemnification: You agree to defend, indemnify, and hold harmless Costa Vida, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, judgments, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content or any content you submit
• Your breach of any representation or warranty made herein
• Any negligent acts, omissions, or willful misconduct by you

Defense and Settlement Rights: Costa Vida reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will cooperate fully with us in asserting any available defenses.

Indemnification Survival: This indemnification obligation will survive the termination of these Terms and your use of the Service.

Notice Requirements: We will provide you with prompt written notice of any claim for which we seek indemnification, provided that our failure to provide such notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby.

11. Third-Party Links and Services

Third-Party Content: Our Service may contain links to third-party websites, services, or content 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.

No Responsibility: Costa Vida is not responsible or liable for:

• The availability or accuracy of third-party websites or services
• The content, products, or services on or available through such websites
• Any damage or loss caused by use of such content, products, or services

Third-Party Terms Apply: Your interactions with third-party websites or services are governed by their respective terms of service and privacy policies. We encourage you to review these terms before engaging with third parties.

No Endorsement: The inclusion of links does not imply endorsement by Costa Vida of the linked website or service. We provide links for convenience only.

Payment Processors: We may use third-party payment processors to handle transactions. Your payment information is subject to the privacy policies and terms of service of these processors.

12. Termination

Termination by Company: Costa Vida reserves the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

• Breach of these Terms
• Violation of applicable laws
• Fraudulent, abusive, or harmful behavior
• Extended periods of inactivity
• Technical or security reasons

Termination by User: You may terminate your account at any time by:

• Contacting our customer support team
• Following account deletion procedures in your account settings
• Ceasing to use the Service

Effect of Termination: Upon termination:

• Your right to access the Service will cease immediately
• Your account data may be deleted (subject to legal requirements)
• Outstanding orders may be canceled
• Unpaid amounts become immediately due
• You remain liable for all charges incurred before termination

Survival of Provisions: The following provisions will survive termination: intellectual property rights, user content licenses, disclaimers, limitations of liability, indemnification, and general provisions.

13. Governing Law and Disputes

Applicable Law: These Terms and your use of the Service are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Jurisdiction: Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Alameda County, California, and you hereby consent to personal jurisdiction and venue therein.

Dispute Resolution Process:

1. Informal Resolution: Before filing any formal legal proceeding, you agree to first contact us to attempt to resolve the dispute informally
2. Mediation: If informal resolution is unsuccessful, disputes may be resolved through mediation
3. Litigation: As a last resort, disputes may be resolved through litigation in accordance with the jurisdiction clause above

Time Limitation: Any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Jury Trial: TO THE EXTENT PERMITTED BY LAW, YOU AND COSTA VIDA AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

Class Action Waiver: You agree that any dispute arising out of or related to these Terms or the Service will be resolved individually, and you waive any right to bring or participate in any class action or representative proceeding.

14. Changes to Terms

Modification Rights: Costa Vida reserves the right to modify or replace these Terms at any time at our sole discretion. Changes may be made to:

• Reflect changes in our services or business practices
• Comply with legal or regulatory requirements
• Address security or safety concerns
• Improve user experience

Notification of Changes: We will provide notice of material changes to these Terms by:

• Posting the updated Terms on our website
• Updating the "Last Modified" date
• Sending email notification to registered users (for significant changes)
• Providing in-app notifications where applicable

Acceptance of Changes: Your continued access to or use of our Service after any revisions become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

Review Responsibility: It is your responsibility to review these Terms periodically for changes. We recommend checking for updates regularly, especially before placing orders or using new features.

Previous Versions: Once updated, the previous version of these Terms will no longer be in effect, except for disputes arising before the effective date of changes.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Costa Vida regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely matches the intent of the original provision.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver will be effective unless made in writing and signed by our authorized representative.

Assignment: These Terms and any rights or licenses granted hereunder may not be transferred or assigned by you without our prior written consent. We may assign these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Force Majeure: Costa Vida will not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor strikes, government actions, or technical failures.

Headings: The headings in these Terms are for convenience only and have no legal or contractual effect.

Language: These Terms are written in English. Any translations are provided for convenience only, and the English version will prevail in case of conflicts.

Electronic Communications: By using our Service, you consent to receive electronic communications from us. These communications may include notices about your account, transactional information, and marketing messages (subject to your preferences).

No Third-Party Beneficiaries: These Terms are intended solely for the benefit of Costa Vida and you, and are not intended to confer third-party beneficiary rights upon any other person or entity.

16. Contact Information

For questions about these Terms of Service, please contact Costa Vida:

Response Time: We strive to respond to all inquiries within 48 hours during business days. For urgent matters related to orders or deliveries, please call our phone number directly.

Website: You can also visit our website at vidas-costas.rest for additional information, FAQs, and to access our online contact form.