Terms of Service

1. Introduction and Acceptance

Welcome to Costa Vida. These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and food delivery services (collectively, the "Services") provided by Costa Vida, located at 300 Goose Cove Rd, Deer Isle, ME 04627, USA.

By accessing or using our Services, placing an order, creating an account, or otherwise engaging with our platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Services.

Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or have parental consent
• Have the legal capacity to enter into binding agreements
• Reside in an area where our services are available
• Provide accurate and complete information when requested

Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2. Definitions

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

• "Company," "We," "Us," "Our" refers to Costa Vida and its affiliates, employees, agents, and representatives.
• "You," "Your," "User" refers to any individual or entity that accesses or uses our Services.
• "Services" includes our website, mobile applications, food ordering platform, delivery services, and all related functionalities.
• "Content" means all text, images, videos, audio, data, and other materials available through our Services.
• "Website" refers to vidas-costas.click and all associated subdomains and pages.
• "Order" means any request for food items, beverages, or related products placed through our Services.
• "Account" means your registered user profile on our platform.

3. Use of Services

3.1 Permitted Use

You may use our Services for legitimate personal and non-commercial purposes, including:

• Browsing our menu and restaurant information
• Placing food orders for personal consumption
• Creating and managing your user account
• Accessing customer support services
• Participating in promotional activities as permitted

3.2 Prohibited Uses

You agree not to use our Services for any of the following prohibited activities:

• Any illegal activities or purposes that violate local, state, federal, or international laws
• Transmitting harmful, offensive, or inappropriate content
• Attempting to gain unauthorized access to our systems, networks, or user accounts
• Interfering with the proper functioning of our Services
• Using automated systems, bots, or scripts to access our Services
• Copying, reproducing, or distributing our content without permission
• Sending spam, unsolicited communications, or marketing materials
• Providing false, misleading, or fraudulent information
• Impersonating another person or entity
• Commercial use without our express written consent

4. User Accounts

Registration Requirements

To access certain features of our Services, you may be required to create an account. When registering, you must provide accurate, current, and complete information, including:

• Full name and contact information
• Valid email address
• Delivery address within our service area
• Phone number for order coordination

Account Security

You are solely responsible for maintaining the security of your account credentials. This includes:

• Choosing a strong, unique password
• Not sharing your login credentials with others
• Logging out of shared devices
• Promptly reporting any suspicious account activity

Account Limitations

Each person may maintain only one active account. Multiple accounts by the same individual may result in account suspension or termination.

Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a risk to our Services or other users.

5. Products and Services

Food Safety and Quality Standards

Costa Vida is committed to maintaining the highest food safety and hygiene standards. All our food preparation follows local health department guidelines and industry best practices. However, we cannot guarantee that our food is suitable for individuals with specific dietary restrictions or allergies.

Menu and Pricing

Our menu items, descriptions, and prices are subject to change without notice. We strive to maintain accurate information, but occasional discrepancies may occur. In such cases, we will contact you before processing your order.

Order Processing

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

• Product unavailability
• Pricing errors
• Delivery area restrictions
• Payment processing issues
• Suspected fraudulent activity

Delivery Terms

Delivery services are available within our designated service areas during operating hours. Delivery times are estimates and may vary based on:

• Order volume and complexity
• Weather conditions
• Traffic and road conditions
• Distance from our location

Temperature-Sensitive Items

We take special care in handling temperature-sensitive food items during preparation and delivery. However, we cannot guarantee food temperature upon delivery due to variables beyond our control.

Minimum Order Requirements

Minimum order amounts may apply for delivery services. Current minimum order requirements are displayed during the ordering process and may vary by location and time.

Order Modifications and Cancellations

Order modifications or cancellations must be requested within 5 minutes of order placement. After preparation begins, modifications may not be possible. Cancellation policies are detailed in our Refund Policy.

6. Intellectual Property

Our Intellectual Property Rights

All content on our Services, including but not limited to text, graphics, logos, images, videos, audio clips, software, and data compilations, is the property of Costa Vida or its licensors and is protected by intellectual property laws.

The Costa Vida name, logo, trademarks, and service marks are our exclusive property. You may not use these marks without our prior written consent.

Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.

User Content License

By submitting content to our Services (such as reviews, photos, or comments), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, distribute, and display such content in connection with our Services.

Copyright Infringement Reporting

If you believe your copyrighted work has been used inappropriately on our Services, please contact us at [email protected] with details of the alleged infringement.

7. User Content

Responsibility for Your Content

You are solely responsible for any content you submit, post, or transmit through our Services. This includes ensuring your content does not violate any laws or third-party rights.

Prohibited Content

You may not submit content that:

• Is illegal, harmful, threatening, or abusive
• Infringes on intellectual property rights
• Contains personal information of others without consent
• Is false, misleading, or deceptive
• Contains viruses or malicious code
• Promotes illegal activities or violates these Terms

Content Moderation

We reserve the right to review, edit, or remove any user content at our sole discretion, with or without notice.

8. Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We specifically disclaim all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding the accuracy, reliability, or completeness of our Services
• Warranties that our Services will be uninterrupted or error-free
• Warranties regarding food quality, taste, or suitability for dietary restrictions

Third-Party Content

Our Services may contain links to third-party websites or content. We do not endorse or assume responsibility for any third-party content, services, or websites.

Professional Advice Disclaimer

Our Services do not provide medical, nutritional, or dietary advice. Consult with qualified professionals regarding specific dietary needs or health concerns.

9. Limitation of Liability

To the maximum extent permitted by law, Costa Vida shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or business opportunities
• Personal injury or property damage
• Food-related illness or allergic reactions
• Service interruptions or delays
• Unauthorized access to personal information

Our total liability to you for any claims arising from or related to these Terms or our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Essential Purpose

If any remedy provided in these Terms fails of its essential purpose, the limitations of liability shall still apply to the maximum extent permitted by law.

10. Indemnification

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

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any content you submit or transmit through our Services

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

11. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or applications that are not owned or controlled by Costa Vida. We are not responsible for the content, privacy policies, or practices of any third-party services.

Your interactions with third-party services are solely between you and the third party. We recommend reviewing the terms and privacy policies of any third-party services before using them.

Payment Processing

Payment processing services may be provided by third-party payment processors. Your payment information is subject to the privacy policies and terms of service of these payment processors.

12. Termination

Termination by Costa Vida

We may terminate or suspend your access to our Services immediately, without prior notice or liability, if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Pose a security risk to our Services
• Fail to pay outstanding balances

Termination by User

You may terminate your account at any time by contacting us at [email protected] or through your account settings.

Effect of Termination

Upon termination:

• Your right to use our Services will cease immediately
• We may delete your account and associated data
• Outstanding orders and payments remain subject to these Terms
• Provisions regarding intellectual property, indemnification, and limitation of liability will survive

13. Governing Law and Disputes

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Maine, United States, without regard to conflict of law principles.

Jurisdiction and Venue

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts located in Hancock County, Maine. You consent to the personal jurisdiction of such courts.

Dispute Resolution

We encourage resolving disputes through direct communication. Please contact us at [email protected] to discuss any concerns before pursuing legal action.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to Terms

Costa Vida reserves the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Terms on our website
• Notify users of material changes via email or in-app notifications

Your continued use of our Services after any changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using our Services.

It is your responsibility to review these Terms periodically for changes.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Costa Vida regarding our Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms to any affiliate or successor entity.

Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, labor disputes, or government actions.

Survival

Provisions that by their nature should survive termination will survive, including intellectual property rights, indemnification, limitation of liability, and governing law provisions.