Terms of Service

Effective Date: May 30, 2026  |  Last Updated: May 30, 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 caferiofood.digital (the "Site") and all associated food services, digital ordering platforms, and related offerings.

By visiting, browsing, registering for an account, placing an order, or otherwise using our Site or services, you expressly accept and agree to be bound by these Terms in their entirety. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

If you are using our services 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 the term "you" shall refer to such entity. If you do not have such authority, you must not accept these Terms or use our services on behalf of that entity.

You must be at least eighteen (18) years of age to use this website and place orders. By using our services, you represent that you are at least 18 years old, or that you have obtained the consent of a parent or legal guardian. We reserve the right to refuse service to anyone at any time for any lawful reason.

2. Description of Services

Cafe Rio is a food service business operating in the United States. Through our website at caferiofood.digital and associated platforms, we offer the following services:

• Online Food Ordering: Customers may browse our menu, customize food and beverage selections, and place orders for pickup or delivery where available.
• Menu Information: We provide detailed descriptions of our food offerings, including ingredients, allergen information, and nutritional data where applicable.
• Account Registration: Users may create personal accounts to manage preferences, track orders, and access loyalty programs or promotional offers.
• Catering Services: We may offer catering packages for events, corporate gatherings, and special occasions, subject to availability and separate agreements.
• Promotions and Loyalty Programs: From time to time, we may offer special deals, discounts, gift cards, and loyalty reward programs subject to their own specific terms and conditions.
• Customer Support: We provide customer service assistance via email and other communication channels to address inquiries, complaints, and order issues.
• Informational Content: The Site may contain blogs, recipes, nutritional guidance, and other food-related content for informational purposes.

We reserve the right to modify, suspend, or discontinue any service or feature 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 services.

Availability of menu items, pricing, and services may vary by location and are subject to change without prior notice. Certain items may be seasonal or limited-time offerings.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Site and services, you agree to:

• Provide accurate, current, and complete information when registering an account or placing orders.
• Maintain the security and confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use the Site and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws and regulations while using our services.
• Promptly update your account information to keep it accurate and current.
• Take full responsibility for all activities that occur under your account.
• Treat our staff, representatives, and other users with respect and courtesy.

3.2 Prohibited Activities

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

Violation of any of the above prohibitions may result in immediate suspension or termination of your account, cancellation of pending orders, and potential legal action. We reserve the right to report any suspected illegal activity to appropriate law enforcement authorities.

4. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, icons, photographs, images, audio clips, video clips, digital downloads, menu designs, recipes, data compilations, and software, is the exclusive property of Cafe Rio or its content suppliers and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark law under the Lanham Act (15 U.S.C. § 1051 et seq.).

The Cafe Rio name, logo, trade dress, and all related marks, product and service names, designs, and slogans are trademarks or registered trademarks of Cafe Rio in the United States. You may not use any of our marks without prior written consent. All other names, logos, and marks used on our Site are the trademarks of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use in connection with ordering food and using our services. This license does not include:

• Resale or commercial use of the Site or its contents;
• Collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Site or its contents;
• Downloading or copying of account information for the benefit of another merchant;
• Use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use terminates the permission or license granted by us and may subject you to civil and criminal liability under applicable law. If you believe that any content on our Site infringes your intellectual property rights, please contact us at [email protected] with the relevant details for prompt review.

5. Payment Terms

When you place an order through our Site, you agree to pay all applicable charges, including the price of the food items, applicable sales tax, delivery fees (if any), and any service fees disclosed at checkout.

5.1 Accepted Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Site at the time of checkout. By submitting 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.

5.2 Pricing and Taxes

All prices displayed on the Site are in United States Dollars (USD). Prices are subject to change at any time without prior notice. You are responsible for all applicable sales taxes, use taxes, and other governmental charges associated with your purchases, as required by state and local law.

5.3 Order Confirmation and Cancellations

An order confirmation email does not constitute our acceptance of your order. We reserve the right to accept or decline any order at our sole discretion. If we are unable to fulfill your order, we will notify you and issue a full refund. Cancellation policies may vary depending on the type of order (pickup, delivery, catering) and the stage of order preparation. Once food preparation has begun, cancellations and refunds may not be possible.

5.4 Refunds and Disputes

If you believe there is an error with your order or billing, please contact us at [email protected] within 48 hours of the transaction. Refunds are issued at our sole discretion and in accordance with applicable law. We comply with all applicable consumer protection regulations, including those enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.).

5.5 Promotions and Discount Codes

Promotional codes, gift cards, and loyalty rewards are subject to their own terms and conditions, are non-transferable, have no cash value unless otherwise stated, and may have expiration dates. We reserve the right to void or cancel any promotion in cases of suspected abuse or fraud.

6. Allergen and Nutritional Information

We take food safety and allergen management seriously. However, our kitchen facilities handle a wide variety of ingredients, including common allergens such as gluten, dairy, nuts, soy, eggs, fish, and shellfish. While we make every effort to provide accurate allergen and nutritional information, we cannot guarantee that our food items are free from cross-contamination.

If you have a food allergy or dietary restriction, we strongly encourage you to contact us directly at [email protected] before placing an order. By ordering from us, you acknowledge and accept the risk of potential allergen exposure, and we shall not be liable for any adverse health reactions resulting from undisclosed allergens or cross-contamination except where such liability cannot be excluded by law.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES PROVIDED BY CAFE RIO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE MEETS YOUR REQUIREMENTS.

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 maximum extent permitted by applicable law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING BUT NOT LIMITED TO THE FTC ACT AND APPLICABLE STATE CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
• ANY OTHER MATTER RELATING TO THE SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its officers, directors, shareholders, employees, agents, contractors, licensors, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to:

• Your use of and access to the Site and services;
• Your violation of any provision of these Terms;
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Any content you submit, post, or transmit through the Site;
• Any fraudulent, deceptive, or harmful actions or omissions on your part;
• Any claim that your use of our services caused damage to a third party.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with us in asserting any available defense. This indemnification obligation will survive the termination of your account or these Terms.

10. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services, including delivery platforms, payment processors, and social media networks. These links are provided for your convenience only. We do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party sites or services.

We strongly recommend that you review the terms of service and privacy policies of any third-party sites you visit. Your use of third-party services is entirely at your own risk, and we shall not be held liable for any damages or losses arising from your use of third-party websites or services.

11. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. We comply with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, as applicable.

By using our services, you consent to our collection and use of your information as described in our Privacy Policy. Please review our Privacy Policy at caferiofood.digital for full details.

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 laws of the State in which Cafe Rio operates, without regard to any conflict of law principles that would require application of the laws of another jurisdiction.

Any legal action, suit, or proceeding arising out of or related to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the federal and state courts located in the United States. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Nothing in these Terms shall be construed to limit our right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

These Terms are subject to and comply with all applicable federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.), and all applicable state consumer protection statutes.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or our services by contacting us informally at [email protected]. We will make good-faith efforts to resolve the dispute within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may pursue formal dispute resolution as set forth below.

13.2 Binding Arbitration

Except for claims that qualify for small claims court, you and Cafe Rio agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of our services, shall be resolved by binding arbitration administered by a recognized arbitration provider in the United States, rather than in court.

The arbitration shall be conducted on an individual basis. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether a dispute is subject to arbitration. The arbitration 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 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes or claims that are within that court's jurisdictional limits, provided the matter remains in small claims court and is not removed or appealed to a court of general jurisdiction.

13.5 Opt-Out Right

You have the right to opt out of the binding arbitration provision and class action waiver by sending written notice to us at [email protected] within thirty (30) days of your first use of our services or your acceptance of these Terms, whichever is earlier. Your notice must include your full name, email address, and a clear statement that you are opting out of arbitration.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Site or maintain an account with us. Certain provisions of these Terms, including but not limited to Intellectual Property Rights, Limitation of Liability, Indemnification, and Dispute Resolution, shall survive termination of your use of our services.

14.1 Termination by You

You may terminate your account and cease using our services at any time. To close your account, please contact us at [email protected]. You remain liable for all obligations incurred prior to termination, including outstanding payments for orders placed.

14.2 Termination by Cafe Rio

We reserve the right to suspend or terminate your account and access to our services immediately and without prior notice if:

• You breach any provision of these Terms;
• You engage in fraudulent, abusive, or illegal conduct;
• We are required to do so by law or regulatory authority;
• Your account has been inactive for an extended period;
• We decide to discontinue the Site or any of our services.

Upon termination, your right to access and use our services will immediately cease. We shall not be liable to you or any third party for any termination of your account or access to our services.

15. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms 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;
• Post the revised Terms on our Site at caferiofood.digital;
• Provide notice through our Site, by email, or through other reasonable means where the changes are material.

Your continued use of the Site or services after the effective date of any revised Terms constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using our Site and services. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms is found to be unlawful, void, invalid, or unenforceable 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. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be deleted, and the remaining Terms shall continue 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 that right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions published by us on the Site, constitute the entire agreement between you and Cafe Rio regarding your use of our Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

No oral or written information or advice given by us or any of our agents shall create any warranty or representation not expressly set forth in these Terms. Any heading, caption, or section title contained in these Terms is inserted for convenience only and has no legal or contractual effect.

18. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, war, terrorism, labor disputes, power outages, internet disruptions, supply chain failures, or other events outside our control ("Force Majeure Events").

In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable and will use commercially reasonable efforts to resume normal operations. Orders affected by Force Majeure Events may be cancelled, and we will issue refunds where applicable in accordance with our refund policy.

19. Electronic Communications and Consent

By using our Site and services, you consent to receiving electronic communications from us, including order confirmations, receipts, account notifications, promotional offers, and updates to our Terms and policies. These electronic communications satisfy any legal requirement that such communications be in writing.

If you have consented to receive marketing communications, you may opt out at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Opting out of marketing communications does not affect transactional or service-related communications.

We comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and other applicable laws governing electronic communications.

20. Accessibility

Cafe Rio is committed to ensuring digital accessibility for people with disabilities. We strive to make our website accessible in accordance with the Web Content Accessibility Guidelines (WCAG) and applicable federal accessibility requirements. If you experience any difficulty accessing our Site or services, please contact us at [email protected] and we will do our best to assist you and address any accessibility barriers.

21. Contact Information

For formal legal notices, including notices of intellectual property infringement, notices of disputes, or other legal correspondence, please direct all written communications to our email address at [email protected] with the subject line clearly indicating the nature of the legal notice.

We are committed to providing excellent service and addressing all inquiries promptly. Our typical response time for general inquiries is within 2–5 business days. For urgent matters relating to food safety or order issues, please indicate the urgency in your message for prioritized handling.

These Terms of Service were last updated on May 30, 2026. By continuing to use the Cafe Rio website and services at caferiofood.digital, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.