Terms of Service

Effective Date: March 21, 2026  |  Last Updated: March 21, 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"), the operator of the website located at cafes-rios.digital (the "Website"). By accessing, browsing, or otherwise using this Website or any of the services, features, content, or products offered through it, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, which is incorporated herein by reference.

If you are accessing or 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 in such case, "you" and "your" will refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Website or our services.

Your continued use of the Website after any modification to these Terms will constitute your acceptance of such modifications. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Cafe Rio operates as a food service establishment and digital platform providing customers with access to the following services through cafes-rios.digital:

• Online Menu Browsing: Users may view our current food and beverage menu offerings, including descriptions, pricing, nutritional information, and available customizations.
• Online Ordering: Customers may place orders for food and beverages for pickup, dine-in reservation, or delivery (where available) directly through the Website.
• Catering Services: Information and request submissions for catering orders for events, corporate functions, and private gatherings.
• Loyalty and Rewards Programs: Enrollment and management of any loyalty, rewards, or promotional programs offered by Cafe Rio from time to time.
• Promotional Offers: Access to special deals, discounts, coupons, and seasonal promotions available exclusively through the Website.
• Customer Support: Communication channels for inquiries, feedback, complaints, and general customer service.
• Account Management: Creation and management of a personal user account to facilitate ordering history, saved preferences, and personalized experiences.

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

The availability of our services, including delivery areas and operating hours, may vary depending on your geographic location within the United States. Certain features and services may not be available in all areas.

3. Eligibility and User Accounts

To use certain features of the Website, including placing online orders, you may be required to create a user account. By creating an account, you represent and warrant that:

• You are at least thirteen (13) years of age. If you are under the age of eighteen (18), you represent that you have obtained verifiable parental or guardian consent to use this Website and its services.
• You are a resident of the United States or are accessing the Website from within the United States.
• All registration information you provide is truthful, accurate, current, and complete.
• You will maintain and promptly update your account information to keep it accurate and current.
• You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password.
• You are solely responsible for all activities that occur under your account.
• You will notify us immediately at [email protected] upon becoming aware of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including if we believe that a user's conduct violates these Terms or is harmful to our business, other users, or third parties.

4. User Obligations and Prohibited Activities

By using this Website and our services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations of the United States, including but not limited to the Federal Trade Commission Act (FTC Act), state consumer protection statutes, and applicable food safety laws.

4.1 General Obligations

You agree to:

• Provide accurate, complete, and current information when placing orders, creating accounts, or communicating with us.
• Pay all charges incurred by you or any users of your account promptly and in full.
• Comply with all applicable laws and regulations when using our Website and services.
• Use the Website only for its intended personal, non-commercial purposes, unless expressly authorized in writing by Cafe Rio.
• Treat our staff, third-party delivery personnel, and other users with respect and courtesy at all times.

4.2 Prohibited Activities

You expressly agree that you will NOT:

• Use the Website for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations.
• Engage in any fraudulent activity, including providing false payment information, submitting false orders, or misrepresenting your identity.
• Attempt to gain unauthorized access to any portion of the Website, other user accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means.
• Use any automated tools, bots, scrapers, data mining software, or similar data gathering and extraction tools to access, scrape, or collect information from the Website without our prior written consent.
• Transmit any viruses, worms, malware, ransomware, or any other malicious or harmful code through the Website.
• Post, upload, or transmit any content that is defamatory, obscene, offensive, harassing, hateful, or otherwise objectionable.
• Infringe upon the intellectual property rights of Cafe Rio or any third party.
• Interfere with or disrupt the integrity or performance of the Website, its servers, or networks connected to the Website.
• Collect or harvest any personally identifiable information from the Website without explicit consent.
• Engage in any activity that imposes an unreasonable or disproportionately large load on the Website's infrastructure.
• Use the Website to send unsolicited commercial communications (spam) to other users or third parties.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software component of the Website.
• Create multiple accounts for abusive purposes, including manipulation of reviews, ratings, or promotional programs.
• Resell or commercially exploit any products or services obtained through the Website without our prior written consent.

Violation of any prohibited activities may result in immediate termination of your account, cancellation of pending orders, and potential legal action, including referral to appropriate law enforcement authorities.

5. Intellectual Property Rights

The Website and all of its original content, features, functionality, design elements, graphics, logos, trademarks, service marks, trade names, text, images, audio, video, software, code, and all other materials contained therein (collectively, the "Content") are owned by or licensed to Cafe Rio and are protected under applicable United States and international intellectual property laws, including copyright law (Title 17, United States Code), trademark law (Lanham Act, 15 U.S.C. § 1051 et seq.), and other applicable laws and regulations.

All trademarks, service marks, trade names, logos, and trade dress appearing on the Website are proprietary to Cafe Rio or their respective owners. No trademark or service mark license is granted in connection with your use of the Website.

5.1 Limited License

Subject to your compliance with these Terms, Cafe Rio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes — including browsing our menu, placing orders, and managing your account. This license does not include:

• Any resale or commercial use of the Website or its Content.
• Any collection and use of product listings, descriptions, or prices for commercial purposes.
• Any derivative use of the Website or its Content.
• Any downloading, copying, or other use of account information for the benefit of any third party.

5.2 User-Submitted Content

If you submit, post, or otherwise provide any reviews, comments, feedback, photos, or other content to the Website (collectively, "User Content"), you hereby grant Cafe Rio a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media, for any purpose, without compensation to you.

You represent and warrant that you own or have the necessary rights to grant the above license, and that your User Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.

6. Payment Terms and Ordering

When placing orders through cafes-rios.digital, the following payment terms apply:

6.1 Pricing

All prices displayed on the Website are listed 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 a product or service will be the price advertised on the Website at the time the order is placed, subject to our verification of the price at the time of processing.

6.2 Payment Methods

We accept major credit and debit cards, including Visa, Mastercard, American Express, and Discover, as well as any other payment methods expressly indicated on the Website at the time of purchase. 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 all purchases made through your account.

6.3 Order Confirmation and Cancellations

Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to cancel any order or limit quantities, at our sole discretion, even after you have received an order confirmation email or notification. If an order is canceled, we will process a full refund to your original payment method within a commercially reasonable timeframe.

6.4 Refunds and Disputes

Refunds are handled on a case-by-case basis and are subject to our separate Refund Policy. If you believe you have been incorrectly charged, please contact us at [email protected] within seven (7) days of the transaction. Chargebacks or payment disputes initiated without first contacting Cafe Rio may result in suspension or termination of your account.

7. Food Safety, Allergen Information, and Health Disclaimers

Cafe Rio takes food safety and customer health seriously. However, please be aware of the following important information:

• Allergen Disclosure: Our food products may contain or come into contact with common food allergens, including but not limited to gluten, dairy, eggs, nuts, peanuts, soy, fish, and shellfish. While we make reasonable efforts to provide accurate allergen information on our menu, we cannot guarantee that cross-contamination will not occur in our kitchen environment. If you have a severe food allergy or dietary restriction, we strongly encourage you to contact us directly before placing an order.
• Nutritional Information: Any nutritional information provided on the Website is based on standard recipes and may vary depending on ingredient substitutions, portion sizes, and preparation methods. This information is provided for general informational purposes only and should not be relied upon as a substitute for professional dietary or medical advice.
• Caloric Content Notice: In compliance with applicable federal regulations (FDA Menu Labeling Requirements, 21 C.F.R. Part 101) and applicable state laws, calorie counts and nutritional information may be displayed for applicable menu items.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND OTHER MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

CAFE RIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE WEBSITE.

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 will be limited to the fullest extent permitted by applicable law in your jurisdiction.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;
• ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE THROUGH THE WEBSITE;

WHETHER BASED ON WARRANTY, 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 NO EVENT SHALL CAFE RIO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE 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).

The limitations of liability in this section are a fundamental element of the basis of the bargain between Cafe Rio and you. Some states do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees and court costs) arising out of or related to:

• Your use of or access to the Website or services;
• Your violation of any provision of these Terms;
• Your violation of any third-party right, including without limitation any copyright, property, privacy, or other proprietary right;
• Any claim that your User Content caused damage to a third party;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Any fraudulent, negligent, or willful misconduct by you in connection with your use of the Website.

Cafe Rio reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with Cafe Rio in asserting any available defenses.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the United States of America and the applicable laws of the state in which Cafe Rio is registered and/or primarily operates, without regard to conflict of law principles. To the extent that federal law applies, including the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), such federal law shall govern.

Subject to the arbitration provisions set forth in Section 12 below, any legal action or proceeding arising out of or relating to these Terms or the use of the Website that is not subject to arbitration shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent to personal jurisdiction and venue in such courts and waive any objection to the exercise of jurisdiction over you by such courts or to venue in such courts.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Cafe Rio in writing at [email protected] and provide a brief written description of the dispute and your contact information. The parties agree to use good-faith efforts to resolve the dispute informally within thirty (30) days of the date of the written notice. If the dispute is not resolved within that period, either party may proceed with formal dispute resolution as described below.

12.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved informally as described above shall be submitted to and resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in the United States, in the state where Cafe Rio is headquartered or as otherwise agreed by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND CAFE RIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Cafe Rio agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights.

12.5 Consumer Protection Rights

Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection laws, including rights available under the FTC Act or applicable state consumer protection statutes. If you are a California resident, please note that additional rights may be available to you under the California Consumer Privacy Act (CCPA) and California Consumer Privacy Rights Act (CPRA).

13. Third-Party Links and Services

The Website may contain links to third-party websites, services, or applications that are not owned or controlled by Cafe Rio. These links are provided for your convenience only. Cafe Rio has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

We encourage you to read the terms of service and privacy policy of every third-party website or service you visit. Your access to and use of third-party websites and services are subject to those third parties' terms and conditions. The inclusion of any link on our Website does not imply our endorsement or recommendation of the linked site or service.

Some of our services may be provided through or in partnership with third-party delivery platforms, payment processors, or other service providers. Your use of those third-party services may be subject to additional terms and conditions imposed by those third parties.

14. Privacy Policy

Your privacy is important to us. Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into and made a part of these Terms by reference. By using the Website, you acknowledge that you have read and understood our Privacy Policy. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Consumer Privacy Rights Act (CPRA), as detailed in our Privacy Policy.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or maintain an account with us. Cafe Rio reserves the right, at its sole discretion, to:

• Suspend or terminate your access to all or any part of the Website or services at any time, with or without cause, with or without notice, effective immediately.
• Delete your account and all associated information if we believe you have violated these Terms or engaged in any prohibited activities.
• Refuse service to any person or entity, at any time, for any reason or for no reason.

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

The following provisions of these Terms shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution and Arbitration, and any other provision that by its nature should survive termination.

16. Changes to These Terms

Cafe Rio reserves the right to modify, amend, or replace these Terms at any time, at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where practicable, notify you via email or a prominent notice on the Website.

Changes to these Terms will become effective immediately upon posting to the Website unless otherwise stated. Your continued use of the Website or services after any changes to these Terms are posted will constitute your acceptance of those changes. If you do not agree with the revised Terms, you must immediately discontinue your use of the Website and services.

We encourage you to review these Terms periodically to ensure you are familiar with the most current version. It is your responsibility to check the Website from time to time for updates.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or by an arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be struck from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, all of which shall remain in full force and effect.

The failure of Cafe Rio to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms will only be effective if it is in writing and signed by an authorized representative of Cafe Rio.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements published by Cafe Rio on the Website, shall constitute the entire agreement between you and Cafe Rio with respect to your use of the Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, with respect to such subject matter.

No modification of these Terms by you shall be effective unless it is in writing and signed by an authorized representative of Cafe Rio.

19. Force Majeure

Cafe Rio shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials. If such an event occurs, Cafe Rio will use commercially reasonable efforts to resume normal operations as soon as reasonably practicable.

20. Electronic Communications and Notices

By using the Website or communicating with us by electronic means, you consent to receive communications from Cafe Rio electronically. We may communicate with you by email, by posting notices on the Website, or through other electronic means. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Notices from you to Cafe Rio must be sent by email to the contact address provided in these Terms or by any other method we designate. Notices are deemed received by Cafe Rio when actually received by us at our designated contact address.

21. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us through any of the following means: