Terms of Service

Effective Date: July 1, 2026  |  Last Updated: July 1, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Cafe Rio ("Company," "we," "us," or "our"), the operator of the website located at caferiodelivery.click (the "Website"). By visiting, browsing, registering an account, placing an order, or otherwise interacting with our Website, you confirm that:

• You are at least 18 years of age, or if you are between 13 and 17 years of age, you are accessing the Website under the supervision of a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal capacity to enter into binding contracts under applicable United States law;
• You agree to comply with these Terms in their entirety, including any future modifications;
• You acknowledge that your use of this Website is subject to all applicable federal, state, and local laws and regulations of the United States.

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

2. Description of Services

Cafe Rio operates as a food service and delivery platform, providing customers in the United States with access to food ordering, delivery, and related services through our Website at caferiodelivery.click. Our services include, but are not limited to:

• Online Food Ordering: Customers may browse our menu, customize food items, and place orders for delivery or pickup through the Website.
• Food Delivery Services: We offer delivery of food items to addresses within our designated service areas, subject to availability, geographic limitations, and operational hours.
• Pickup Orders: Customers may place orders online and pick them up at our designated locations at a scheduled time.
• Account Management: Users may register for an account to save preferences, track order history, manage payment information, and receive personalized offers.
• Promotions and Loyalty Programs: We may offer promotional discounts, loyalty rewards, and special offers, which are subject to their own specific terms and conditions.
• Customer Support: We provide customer support services via email and other available channels to assist with orders, complaints, and general inquiries.

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

All food items are subject to availability. Menu items, pricing, and ingredients may vary by location and are subject to change without prior notice. Cafe Rio makes no guarantees regarding the availability of specific menu items at any given time.

3. User Accounts and Registration

To access certain features of our Website, including placing orders and managing your preferences, you may be required to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate and complete;
• Keep your login credentials, including your password, strictly confidential;
• Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account;
• 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 that any information you have provided is inaccurate, fraudulent, or in violation of these Terms. You may not create more than one personal account, nor may you transfer your account to another person without our prior written consent.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to use them solely for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You agree that you will not, under any circumstances:

4.1 Prohibited Uses

• Use the Website for any fraudulent, deceptive, or unlawful purpose, including placing false or fraudulent orders;
• Engage in any activity that violates the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., or any other applicable consumer protection laws;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Attempt to gain unauthorized access to any portion of the Website, our servers, or any systems or networks connected to the Website;
• Use automated bots, scrapers, crawlers, or similar tools to access, collect, or extract data from the Website without our express written permission;
• Transmit any viruses, malware, ransomware, or other malicious or harmful code through the Website;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website;
• Post, upload, or transmit any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable;
• Violate any applicable food safety, health, or consumer protection regulations;
• Attempt to circumvent or manipulate our pricing, promotions, or loyalty programs through fraudulent means;
• Resell, redistribute, or commercially exploit any content, products, or services obtained through the Website without our prior written consent;
• Use the Website in any manner that could damage, disable, overburden, or impair our servers or infrastructure.

4.2 User Responsibilities

You are solely responsible for ensuring that any food items you order are appropriate for your personal dietary needs, allergies, and health conditions. Cafe Rio provides allergen information to the best of our ability; however, we cannot guarantee that our food is entirely free from any specific allergen. You agree to review all available allergen and nutritional information before placing an order and to consult with a medical professional if you have concerns about specific dietary needs.

You are also responsible for providing accurate delivery information, including your delivery address and contact details. We shall not be liable for failed deliveries or delays resulting from inaccurate or incomplete information provided by you.

5. Payment Terms

All transactions conducted through our Website are subject to the following payment terms:

5.1 Pricing and Fees

All prices listed on our Website are in United States Dollars (USD) and are inclusive of applicable taxes where required by law. Delivery fees, service charges, and any applicable gratuity may be added at checkout and will be clearly disclosed prior to completing your order. We reserve the right to change our prices at any time without prior notice.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed on our Website at the time of purchase. By submitting payment information, you represent and warrant that you are authorized to use the selected payment method and that all payment information you provide is accurate and complete.

5.3 Order Confirmation and Processing

Your order is not confirmed until you receive a written order confirmation via email or on-screen notification. We reserve the right to refuse or cancel any order at our discretion, including cases where we suspect fraud, errors in pricing, or product unavailability. In such cases, you will receive a full refund to your original payment method.

5.4 Refunds and Cancellations

Refund and cancellation requests must be submitted within a reasonable time period, as specified in our separate Refund Policy. Once a food order has been prepared or dispatched for delivery, it may not be eligible for cancellation or refund. Refunds, where applicable, will be processed within 5 to 10 business days to the original payment method. We comply with all applicable consumer protection standards under federal and state law.

5.5 Chargebacks and Disputes

If you initiate a chargeback with your payment provider without first contacting us to resolve the issue, we reserve the right to dispute the chargeback, suspend your account, and pursue any outstanding amounts owed through lawful means.

6. Intellectual Property Rights

All content published and made available on our Website, including but not limited to text, graphics, logos, photographs, images, videos, audio clips, menu designs, software, data compilations, and other materials (collectively, "Content"), is the exclusive intellectual property of Cafe Rio or its licensors and is protected by applicable United States copyright, trademark, trade dress, and other intellectual property laws, including the Copyright Act, 17 U.S.C. § 101 et seq., and the Lanham Act, 15 U.S.C. § 1051 et seq.

6.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and its Content solely for personal, non-commercial purposes related to placing and managing food orders. This license does not include the right to:

• Reproduce, distribute, modify, or create derivative works of any Content without our prior written consent;
• Use any Content for commercial purposes or in connection with any product or service that competes with Cafe Rio;
• Remove, alter, or obscure any proprietary notices, labels, or markings on any Content;
• Reverse engineer, disassemble, or decompile any software or technology used on the Website.

6.2 Trademarks

The Cafe Rio name, logo, and all related marks, designs, and slogans are trademarks or registered trademarks of Cafe Rio. You may not use these marks without our prior written permission. Unauthorized use of our trademarks may violate federal and state trademark laws and could result in legal action.

6.3 User-Submitted Content

If you submit any content to us, including reviews, comments, photos, or feedback ("User Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, and distribute such User Content in connection with our services and business. You represent that you own all rights to the User Content you submit and that it does not infringe upon any third-party rights.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS ORDERED THROUGH THE WEBSITE.

We do not warrant that defects in the Website will be corrected, or that our Website or the servers that make it available are free of viruses or other harmful components. Your use of the Website is entirely at your own risk.

We make no representations or warranties regarding the accuracy of nutritional information, ingredient lists, or allergen disclosures provided on our Website. While we strive to provide accurate information, menu items and their compositions may change, and cross-contamination in food preparation environments may occur.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or business opportunities;
• Physical injury or illness allegedly resulting from the consumption of food products, except to the extent required by applicable law;
• Service interruptions, technical failures, or errors on the Website;
• Unauthorized access to or alteration of your data or account;
• Any matter beyond our reasonable control.

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

IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless Cafe Rio, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to our Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Content you submit, post, or transmit through our Website;
• Your negligence or willful misconduct.

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

10. Privacy and Data Protection

Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, share, and protect your personal information in connection with your use of our services.

To the extent you are a resident of California, your rights and our obligations regarding your personal information are additionally governed by the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq. These rights may include the right to know, the right to delete, the right to correct, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights.

By using our Website, you consent to the collection and use of your information as described in our Privacy Policy. If you have any questions or concerns about your privacy, please contact us at [email protected].

11. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Cafe Rio. These links are provided for your convenience only and do not constitute an endorsement or approval of such third parties by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit. Your access to and use of third-party websites and services is at your own risk and subject to the terms of those third parties.

12. Governing Law and Jurisdiction

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

Subject to the dispute resolution provisions set forth in Section 13 below, any legal action or proceeding arising out of or relating to these Terms or your use of our Website shall be subject to the exclusive jurisdiction of the federal and state courts located in the United States. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue or jurisdiction in such courts.

We comply with all applicable United States federal consumer protection laws, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., as well as all applicable state consumer protection statutes. We also comply with applicable federal food safety regulations administered by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), and the requirements of the Food Safety Modernization Act (FSMA), 21 U.S.C. § 2201 et seq.

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 out of or relating to these Terms or our services by contacting Cafe Rio directly at [email protected]. We will make a good-faith effort to resolve your concerns within thirty (30) days of receiving your written notice. This informal process is a prerequisite to any formal dispute resolution.

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, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) in effect at the time of the dispute, including the AAA's Consumer Arbitration Rules where applicable.

Arbitration shall be conducted in English and shall be held at a location mutually agreed upon by the parties, or remotely if both parties consent. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees in connection with arbitration, unless the arbitrator determines otherwise.

13.3 Class Action Waiver

13.4 Exceptions to Arbitration

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

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or services. We reserve the right to terminate or suspend your access to the Website and services, with or without cause and without prior notice, at our sole discretion, including but not limited to the following situations:

• You have violated any provision of these Terms;
• We have reasonable grounds to suspect fraudulent, abusive, or illegal activity associated with your account;
• Your account has been inactive for an extended period;
• We decide to discontinue or materially alter our services.

Upon termination, your right to access and use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders already placed.

15. Changes to These Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will notify you by:

• Posting the updated Terms on our Website with a new "Last Updated" date;
• Sending an email notification to the address associated with your account (if applicable); and/or
• Displaying a prominent notice on our Website.

Your continued use of our Website or services after any changes to these Terms have been posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of our Website and services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect.

No waiver by Cafe Rio of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Cafe Rio to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. 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 agreement between you and Cafe Rio with respect to your use of our Website and services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

No amendment or modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Cafe Rio, except as otherwise provided herein with respect to updates posted on our Website.

18. Force Majeure

Cafe Rio shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions or regulations, strikes or labor disputes, power outages, internet or telecommunications failures, civil unrest, war, terrorism, or supply chain disruptions. In such events, we will make commercially reasonable efforts to resume performance as soon as practicable.

19. Accessibility

Cafe Rio is committed to ensuring that our Website is accessible to all users, including those with disabilities, in accordance with applicable accessibility standards, including the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any accessibility barriers on our Website, please contact us at [email protected] so that we may address your concerns promptly.

20. Contact Information

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