Terms of Service

Effective Date: April 20, 2026  |  Last Updated: April 20, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Cafe Rio ("Company," "we," "us," or "our"), governing your access to and use of the website located at cafessrio.digital (the "Website"), as well as any related services, products, online ordering systems, applications, and digital tools we provide (collectively, the "Services").

By accessing the Website, placing a food order, creating an account, subscribing to a loyalty program, or otherwise using any portion of our Services, you expressly acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if under 18, you are using the Services under the supervision of a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Services complies with all applicable federal, state, and local laws and regulations.

If you are using these Services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the term "you" shall refer to that entity.

2. Business Information and Contact Details

The Services are owned and operated by:

For all questions, concerns, or legal notices related to these Terms, please contact us at the email address provided above.

3. Description of Services

Cafe Rio is a food-related business operating within the United States that provides customers with a range of products and services, which may include, without limitation:

• Online Food Ordering: The ability to browse our menu, customize food and beverage orders, and submit them for pickup or delivery through our Website;
• Menu Information: Display of current menu items, pricing, nutritional information, allergen disclosures, and promotional offers;
• Catering Services: Online tools for submitting catering inquiries or placing large-scale food orders for events and gatherings;
• Loyalty and Rewards Programs: Enrollment in customer reward programs, points accumulation, and redemption of available benefits;
• Account Management: The ability to create and manage a customer profile to store order history, preferences, and saved payment methods;
• Promotional Content: Access to coupons, discount codes, special offers, and marketing communications;
• Customer Support: Digital tools and direct communication channels to address inquiries, complaints, or feedback.

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

Certain Services or features may be subject to additional terms, guidelines, or policies, which are incorporated herein by reference. In the event of a conflict between such additional terms and these Terms, the additional terms shall control with respect to the subject matter they address.

4. User Accounts and Registration

Some features of our Services may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as prompted during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the confidentiality of your account credentials, including your username and password;
• Immediately notify us at [email protected] of any unauthorized use of your account or any other breach of security;
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate your account at our sole discretion if we believe you have violated these Terms, provided false information, or engaged in any conduct that may harm the Company, other users, or third parties.

5. User Obligations and Prohibited Activities

As a condition of your use of the Services, you agree to comply with all applicable federal, state, and local laws and regulations. You agree to use the Services only for lawful purposes and in a manner consistent with these Terms.

5.1 General Obligations

• You shall provide truthful and accurate information in all communications with us;
• You shall use the Services only for personal, non-commercial purposes unless expressly authorized otherwise;
• You shall comply with all applicable food safety regulations and ordering instructions;
• You shall promptly pay all amounts due for orders placed through the Services.

5.2 Prohibited Activities

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

• Using the Website or Services for any unlawful, fraudulent, or deceptive purpose;
• Placing fraudulent, fictitious, or unauthorized orders;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Engaging in any activity that interferes with, disrupts, or creates an undue burden on the Website or servers;
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Services;
• Using automated scripts, bots, spiders, scrapers, or other automated means to access, collect data from, or interact with the Website;
• Uploading or transmitting any viruses, malware, ransomware, Trojan horses, or other malicious code;
• Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Services for commercial purposes without prior written consent from the Company;
• Collecting or harvesting personal information of other users without their express consent;
• Using the Services to send unsolicited communications, spam, or promotional materials;
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Services;
• Attempting to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website or any proprietary software;
• Violating any applicable federal, state, local, or international laws or regulations, including but not limited to those governing data privacy, consumer protection, and food safety.

Violation of any of the foregoing prohibited activities may result in immediate termination of your access to the Services, and may also expose you to civil and/or criminal liability.

6. Online Ordering, Pricing, and Menu Availability

When you place an order through our Website, you acknowledge and agree to the following:

• Menu Accuracy: While we strive to maintain accurate and up-to-date menu information, we do not guarantee that all items, prices, or descriptions are error-free or available at all times. We reserve the right to correct any errors and to cancel orders made at incorrect prices;
• Item Availability: Menu items are subject to availability. We reserve the right to substitute or remove items without prior notice;
• Allergen Information: Allergen and nutritional information provided on the Website is intended as a general guide only. Our food is prepared in environments where allergens may be present. If you have food allergies or dietary restrictions, please contact us directly before placing an order;
• Order Confirmation: Receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order at any time for any reason;
• Delivery and Pickup: Estimated delivery and pickup times are approximate and not guaranteed. Actual times may vary due to factors outside our control.

7. Payment Terms

By placing an order through the Website, you agree to pay all applicable fees, taxes, and charges associated with your order. The following payment terms apply:

• Accepted Payment Methods: We accept major credit cards, debit cards, and other payment methods as specified on the Website at the time of checkout. We reserve the right to change accepted payment methods at any time;
• Authorization: By submitting payment information, you represent that you are authorized to use the payment method provided and authorize us to charge the applicable amounts;
• Pricing: All prices are listed in United States Dollars (USD) and are subject to applicable federal, state, and local taxes;
• Fees and Taxes: Delivery fees, service charges, and applicable sales taxes will be disclosed prior to completing your order and are your sole responsibility;
• Refunds and Cancellations: Refund eligibility is determined on a case-by-case basis. Please contact us at [email protected] within a reasonable time following your order if you believe a refund is warranted. We reserve the right to approve or deny refund requests at our sole discretion;
• Chargebacks: If you initiate an unauthorized chargeback or dispute with your financial institution, we reserve the right to suspend your account and take appropriate legal action to recover the amounts owed, including associated fees and costs;
• Promotional Codes: Discount codes and promotional offers are subject to their own terms and conditions, are non-transferable, and may not be combined unless expressly stated.

8. Intellectual Property Rights

All content, materials, and features available on or through the Website and Services are the exclusive property of Cafe Rio or its licensors and are protected under applicable intellectual property laws, including the Lanham Act (15 U.S.C. § 1051 et seq.), the Copyright Act (17 U.S.C. § 101 et seq.), and other federal and state intellectual property statutes.

Without limiting the foregoing, the following are protected intellectual property of Cafe Rio:

• The Cafe Rio name, logo, trade dress, and all associated trademarks and service marks;
• Website design, layout, graphics, photographs, illustrations, and visual elements;
• Text, articles, blog posts, recipes, menus, and all written content;
• Software, code, databases, and technical infrastructure underlying the Website;
• All audio, video, and multimedia content;
• Compilation and arrangement of all content on the Website.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal, non-commercial use only. This license does not include:

• Any resale or commercial use of the Website or its content;
• Copying, reproducing, or distributing any content without our prior written consent;
• Creating derivative works based on the Website or its content;
• Downloading or copying account information for the benefit of another merchant or service;
• Any use of data mining, robots, or similar data gathering or extraction tools.

Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action. If you believe any content on our Website infringes your intellectual property rights, please contact us promptly at [email protected].

9. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Cafe Rio expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Any warranty that the Services will meet your requirements or expectations;
• Any warranty that the Services will be uninterrupted, timely, secure, or error-free;
• Any warranty regarding the accuracy, reliability, completeness, or quality of any content, information, or materials provided through the Services;
• Any warranty that defects will be corrected or that the Website or its servers are free of viruses or other harmful components;
• Any warranty regarding the fitness or safety of food products for individuals with specific dietary needs, allergies, or medical conditions.

Some jurisdictions do not allow the exclusion of certain implied warranties. In such jurisdictions, the foregoing disclaimers apply to the maximum extent permitted by applicable law.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Cafe Rio, its officers, directors, employees, agents, licensors, service providers, or successors be liable for any:

• Indirect, incidental, special, consequential, punitive, or exemplary damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Damages resulting from unauthorized access to or alteration of your transmissions or data;
• Damages resulting from statements or conduct of any third party using the Services;
• Damages resulting from interruption, suspension, or termination of the Services;
• Any other matter relating to the Services;

arising out of or in connection with your use of, or inability to use, the Website or Services, regardless of whether such damages are based on contract, tort (including negligence), strict liability, or any other legal theory, even if Cafe Rio has been advised of the possibility of such damages.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law. In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or the Services exceed the greater of: (a) the total amount you paid to Cafe Rio in the twelve (12) months preceding the event giving rise to the claim, or (b) One Hundred United States Dollars ($100.00 USD).

11. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio, its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services;
• Your violation of these Terms;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content or information you submit to, post on, or transmit through the Services;
• Your negligence or willful misconduct;
• Any dispute between you and any third party in connection with the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Cafe Rio operates, without regard to any conflict of law principles that would require the application of the laws of a different jurisdiction.

The following federal and state laws are particularly relevant to your use of our Services:

• Federal Trade Commission Act (15 U.S.C. § 45): Governing unfair or deceptive acts and practices in commerce;
• Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.): Governing electronic communications;
• Computer Fraud and Abuse Act (18 U.S.C. § 1030): Governing unauthorized computer access;
• Children's Online Privacy Protection Act (COPPA, 15 U.S.C. § 6501 et seq.): Governing the privacy of children under 13;
• CAN-SPAM Act (15 U.S.C. § 7701 et seq.): Governing commercial electronic mail messages.

Subject to the Dispute Resolution section below, you consent to the exclusive personal jurisdiction of the federal and state courts located in the United States for the resolution of any disputes arising under or in connection with these Terms or the Services.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through good-faith informal negotiation. You must contact us at [email protected] with a written description of your dispute, and we will endeavor to respond within thirty (30) days. Both parties agree to negotiate in good faith for a period of no less than sixty (60) days before escalating the matter.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are incorporated herein by reference. The arbitration shall be conducted in the United States, in the English language, before a single arbitrator.

The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could award. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency or interim injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of arbitration. Claims of intellectual property infringement are also excluded from mandatory arbitration.

14. Third-Party Links and Services

The Website may contain links to third-party websites, services, payment processors, delivery platforms, or other external content. These third-party links are provided for your convenience only and do not constitute an endorsement, sponsorship, or recommendation by Cafe Rio of such third-party content, products, or services.

We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. Your use of third-party services is at your own risk, and you should review the applicable terms and privacy policies of those third parties. Cafe Rio shall not be liable for any damages or losses caused or alleged to have been caused by your use of third-party websites or services.

15. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information in connection with the Services. We encourage you to review our Privacy Policy carefully. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

To the extent applicable, our data practices comply with relevant federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for users in California.

16. Children's Privacy

Our Services are not directed to children under the age of 13. We do not knowingly collect, solicit, or use personal information from children under 13 without verified parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq. If we become aware that we have inadvertently collected personal information from a child under 13, we will promptly take steps to delete such information. If you believe we may have collected information from a child under 13, please contact us immediately at [email protected].

17. Food Safety and Health Disclaimers

As a food service business, we are committed to maintaining high food safety standards in compliance with applicable federal, state, and local regulations, including the U.S. Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) and applicable state food codes.

However, you acknowledge and agree that:

• All food products are consumed at your own risk. We make no warranties regarding the fitness or suitability of any food item for individuals with specific allergies, dietary restrictions, or medical conditions;
• Cross-contamination with allergens may occur during food preparation. Individuals with severe food allergies should consult with us directly before ordering;
• Nutritional and caloric information displayed on the Website is approximate and may vary based on preparation methods, ingredient availability, and serving sizes;
• If you experience an adverse reaction or food-safety issue following consumption of our food products, please contact us immediately and seek appropriate medical attention.

18. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Services or maintain an account with us. We reserve the right, at our sole discretion and without prior notice or liability, to:

• Terminate or suspend your access to all or any part of the Services for any reason, including without limitation, breach of these Terms;
• Refuse service to any person or entity at any time, for any reason;
• Terminate your account and delete all associated data in accordance with applicable law.

Upon termination of these Terms or your account, the following provisions shall survive: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account shall not relieve you of any obligations incurred prior to termination.

19. Changes to Terms of Service

We reserve the right to modify, update, or revise these Terms of Service at any time, at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where required by law or where we deem appropriate, notify you by:

• Sending an email to the address associated with your account;
• Posting a prominent notice on the Website;
• Displaying a pop-up or banner notification when you next access the Website.

Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must discontinue your use of the Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

20. Force Majeure

Cafe Rio shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, fire, flood, war, acts of terrorism, governmental actions, labor disputes, supply chain disruptions, power outages, internet outages, or other unforeseen circumstances. In such events, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements expressly incorporated herein by reference, constitute the entire and exclusive agreement between you and Cafe Rio with respect to the subject matter hereof. They supersede and replace all prior or contemporaneous understandings, agreements, representations, and warranties, whether oral or written, between the parties with respect to the Services.

No waiver by either party of any breach or default under these Terms shall constitute a waiver of any subsequent breach or default, and shall not affect the other rights and obligations of the parties under this Agreement.

22. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law or regulation, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected, impaired, or invalidated in any way.

The parties acknowledge and agree that they would have entered into this Agreement had any such invalid, illegal, or unenforceable provision been excluded from these Terms, and that the Agreement represents their mutual intent notwithstanding any such severance.

23. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms to any third party without our prior written consent. Any purported assignment without such consent shall be null and void. Cafe Rio may freely assign its rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

24. No Waiver

The failure of Cafe Rio to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorized representative of Cafe Rio. No waiver of any breach of these Terms shall constitute a continuing waiver or a waiver of any other or subsequent breach.

25. Electronic Communications and Notices

By using our Services, you consent to receive electronic communications from us, including but not limited to emails, text messages (if opted in), and Website notices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

Any notices required or permitted under these Terms may be delivered to Cafe Rio by email at [email protected]. Notices to us shall be deemed effective upon our written confirmation of receipt.

26. Contact Information

If you have any questions, concerns, feedback, or complaints regarding these Terms of Service or our Services, please contact us using the following information:

We will make every effort to respond to all inquiries within a reasonable timeframe. For urgent food safety concerns, please also contact your local health authority or emergency services if necessary.