Terms of Service

Effective Date: March 22, 2026  |  Last Updated: March 22, 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 cafesrio.top (the "Site") and all related services, content, features, and functionality offered by Cafe Rio (collectively, the "Services").

By visiting our website, creating an account, placing an online order, subscribing to our newsletter, or otherwise engaging with our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least eighteen (18) years of age or have the legal capacity to enter into a binding contract in your jurisdiction;
• You have the authority to enter into this Agreement on behalf of yourself or the entity you represent;
• You consent to our Privacy Policy, which is incorporated herein by reference.

If you are using our Services on behalf of an organization or entity, you represent and warrant that you are authorized to bind that organization to these Terms, and references to "you" shall refer to both you individually and the organization.

Cafe Rio reserves the right to update, modify, or replace these Terms at any time at our sole discretion. Continued use of the Site or Services following any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. Description of Services

Cafe Rio is a food-service business operating in the United States, offering customers a variety of food and beverage products, dining experiences, and related services. Through our website and associated platforms, we provide the following:

• Online Ordering: Customers may browse our menu, customize their food and beverage selections, and place orders for pickup or delivery through our website.
• Menu and Nutritional Information: We provide detailed descriptions of our food offerings, including ingredients, allergen information (where available), and nutritional data to the best of our ability.
• Loyalty and Rewards Programs: We may offer loyalty programs, promotional discounts, and reward points for repeat customers, subject to separate program terms.
• Catering Services: We may offer catering options for events and group orders, subject to availability and advance scheduling requirements.
• Gift Cards and Promotions: We may sell gift cards, offer promotional codes, and run seasonal deals through our website.
• Customer Support: We offer customer service assistance via email and other communication channels to address inquiries, complaints, and order-related concerns.
• Informational Content: Our Site provides information about our restaurant locations, hours of operation, events, and general company news.

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

Availability of certain menu items, products, and features may vary by location and is subject to change without notice. Cafe Rio does not guarantee that any specific item or service will be available at all times.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

By using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use;
• Use our Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services;
• Respect the intellectual property rights and privacy of Cafe Rio and other users;
• Promptly update your account information to keep it accurate and current.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Site or Services for any fraudulent, illegal, or unauthorized purpose;
• Engage in any activity that disrupts, interferes with, or impairs the functionality of our website or servers;
• Attempt to gain unauthorized access to any portion of our Site, other accounts, or computer systems;
• Use automated tools, bots, scrapers, crawlers, or other means to extract data from our Site without written permission;
• Submit false, misleading, or deceptive information in any form, including orders, reviews, or account profiles;
• Harass, threaten, defame, or harm any employee, representative, or other user of Cafe Rio;
• Reproduce, distribute, modify, display, or create derivative works of our content without prior written authorization;
• Transmit any viruses, malware, or other malicious code through our Site or Services;
• Circumvent or attempt to circumvent any security features or access controls on our Site;
• Use our Services to conduct any form of spam, phishing, or unsolicited mass communications;
• Misrepresent your identity or affiliation with any person or organization;
• Engage in any activity that could damage, disable, overburden, or impair our servers or networks;
• Collect or harvest personal information of other users without their express consent.

Violation of these prohibitions may result in immediate termination of your account, legal action, and cooperation with law enforcement authorities as appropriate.

4. Online Orders and Payment Terms

4.1 Order Placement

All orders placed through our website are subject to acceptance by Cafe Rio. We reserve the right to refuse or cancel any order at our discretion, including orders that appear to be placed fraudulently, in bulk for unauthorized resale, or in violation of these Terms. You will receive a confirmation notification upon successful placement of your order; however, this confirmation does not constitute our final acceptance of the order.

4.2 Pricing and Availability

All prices displayed on our website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes unless otherwise stated. Sales tax will be calculated and added to your order total at checkout in accordance with applicable state and local tax laws.

We make every effort to ensure that the prices and information on our Site are accurate. In the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price and notify you accordingly.

4.3 Payment Methods

We accept various payment methods as displayed at checkout, which may include major credit cards, debit cards, digital wallets, and other payment platforms. By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You authorize us to charge the applicable amount to your selected payment method.

4.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Refunds or credits may be issued at our sole discretion in cases of verified errors in order fulfillment, food safety concerns, or other exceptional circumstances. To request a refund or report an issue with your order, please contact us at [email protected] within twenty-four (24) hours of receiving your order.

4.5 Gift Cards and Promotional Codes

Gift cards and promotional codes are subject to their own terms and conditions as specified at the time of issuance. Gift cards are non-refundable, cannot be exchanged for cash unless required by law, and are not replaceable if lost or stolen. Promotional codes may have expiration dates and usage restrictions.

5. Intellectual Property Rights

All content, materials, and elements available on or through our Site and Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and arrangement thereof (collectively, "Content"), are the exclusive property of Cafe Rio or its licensors and are protected by applicable intellectual property laws, including the United States Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable laws.

The Cafe Rio name, logo, and all related marks, product names, and slogans are trademarks or registered trademarks of Cafe Rio in the United States. You may not use, reproduce, or display any of these marks without our prior written consent.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site and Services solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, or publicly display any Content;
• Modify, adapt, or create derivative works based on our Content;
• Use our Content for any commercial purpose;
• Remove or alter any proprietary notices or labels on the Content;
• Use any data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our intellectual property may constitute a violation of federal and state intellectual property laws and may subject you to civil and criminal penalties. We actively enforce our intellectual property rights to the fullest extent permitted by law.

6. User-Generated Content

If our Site permits you to submit reviews, comments, feedback, photos, or other content ("User Content"), you grant Cafe Rio a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our Services and marketing efforts.

You represent and warrant that: (i) you own or have the necessary rights to the User Content you submit; (ii) your User Content does not violate any third-party rights, including intellectual property or privacy rights; and (iii) your User Content does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable.

We reserve the right, but are not obligated, to review, monitor, edit, or remove any User Content at our sole discretion without notice.

7. Food Allergen and Dietary Information

Cafe Rio makes reasonable efforts to provide accurate allergen and dietary information on our menu. However, we cannot guarantee that our food products are free from any specific allergen or that cross-contamination will not occur during preparation. Our kitchen facilities may handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and other potential allergens.

8. Disclaimer of Warranties

YOUR USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK. OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFE RIO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

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

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent prohibited by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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, OR DATA;
• LOSS OF GOODWILL OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• ANY DAMAGES RESULTING FROM YOUR INABILITY TO ACCESS OR USE OUR SERVICES.

IN NO EVENT SHALL CAFE RIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR 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 DOLLARS ($100.00 USD).

The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Cafe Rio and you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by law.

10. Indemnification

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

• Your violation of these Terms or any applicable law or regulation;
• Your use or misuse of our Site or Services;
• Your User Content or any content you submit, post, or transmit through our Services;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any fraud, misrepresentation, or willful misconduct on your part;
• Any dispute between you and any third party in connection with our Services.

Cafe Rio reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense. You agree not to settle any such claim without the prior written consent of Cafe Rio.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

As a business operating in the United States, Cafe Rio complies with applicable federal and state privacy laws, including the Federal Trade Commission Act (15 U.S.C. § 45) regarding unfair or deceptive acts or practices, and applicable state consumer privacy statutes where required. California residents may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as detailed in our Privacy Policy.

12. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Cafe Rio. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of any third-party sites and assume no responsibility for them.

We do not endorse or make any representations about third-party websites or the information, products, or services available on them. Your use of any third-party website is entirely at your own risk and subject to the terms and conditions of that website. We encourage you to review the terms and privacy policies of any third-party sites you visit.

We may use third-party service providers to process payments, manage delivery logistics, or provide other operational services. These providers have their own terms and privacy policies, and your interactions with them are subject to those terms.

13. 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 laws of the state in which Cafe Rio is registered and operates, without regard to conflict of law principles that would require application of the law of another jurisdiction.

Any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be instituted exclusively in the federal or state courts located in the United States having competent jurisdiction over Cafe Rio's principal place of business. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

If you are a consumer located in a state with specific consumer protection laws, nothing in these Terms shall be construed to waive or limit any rights you may have under applicable state consumer protection statutes, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and applicable state unfair and deceptive trade practices laws.

14. Dispute Resolution

14.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services ("Dispute"), you and Cafe Rio agree to first attempt to resolve such Dispute informally. Before initiating any formal legal proceedings, the complaining party shall provide the other party with written notice describing the nature and basis of the Dispute and the relief sought. The parties agree to negotiate in good faith for a period of thirty (30) days following receipt of such notice in an attempt to resolve the Dispute.

14.2 Binding Arbitration

If the parties are unable to resolve the Dispute through informal negotiation within the thirty (30) day period, either party may elect to have the Dispute resolved through binding arbitration. Any arbitration shall be conducted by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on the parties.

The arbitrator shall have the authority to award any remedies that would be available in a court of law, except that the arbitrator shall not have authority to award punitive damages except where expressly permitted by applicable law. The costs of arbitration, including the arbitrator's fees, shall be allocated in accordance with the AAA's Consumer Arbitration Rules.

14.3 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Nothing in this section shall limit either party's right to file a complaint with federal, state, or local consumer protection agencies or regulatory bodies.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Site or Services. We reserve the right, in our sole discretion and without notice or liability, to:

• Terminate or suspend your access to all or any part of our Site or Services for any reason, including violation of these Terms;
• Refuse service to any person or entity at any time;
• Discontinue any feature, program, or aspect of our Services;
• Delete or deactivate your account and any associated content.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liabilities that arose prior to termination.

Upon termination of these Terms or your account for any reason:

• Your license to use our Site and Services immediately terminates;
• Any pending orders may be cancelled at our discretion;
• We may retain your information as required by law or for legitimate business purposes;
• Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, indemnification, and limitation of liability.

16. Changes to These Terms

Cafe Rio reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. We will provide notice of material changes by:

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

Your continued use of our Site or 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 our Services. We encourage you to review these Terms periodically to stay informed of any updates.

Changes to these Terms will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted, except for changes addressing new features or changes made for legal reasons, which will be effective immediately upon posting.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or contrary to public policy, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed from these Terms if it cannot be so modified, without affecting the validity or enforceability of the remaining provisions.

The invalidity or unenforceability of any particular provision in a particular jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction, and the remaining provisions shall continue in full force and effect.

No waiver by Cafe Rio of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and no waiver shall be effective unless made in writing and signed by an authorized representative of Cafe Rio.

18. Entire Agreement

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

In the event of any conflict between these Terms and any other agreement you may have with Cafe Rio, these Terms shall prevail unless the other agreement specifically states otherwise in writing.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without the prior written consent of Cafe Rio. Any attempted assignment without such consent shall be null and void. Cafe Rio may freely assign or transfer its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or operation of law, without restriction and without notice to you.

20. Force Majeure

Cafe Rio shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions, wars, terrorism, civil unrest, strikes or labor disputes, power outages, internet disruptions, supply chain failures, or any other circumstances that are unforeseeable and beyond our control ("Force Majeure Event").

In the event of a Force Majeure Event, we will make reasonable efforts to notify you and resume normal operations as soon as practicable. Our obligations under these Terms will be suspended during the period of a Force Majeure Event to the extent that performance is prevented or delayed.

21. Electronic Communications

By using our Site or Services, you consent to receive electronic communications from Cafe Rio, including emails, push notifications, and other digital communications. These communications may include transactional messages (such as order confirmations and receipts), promotional materials, newsletters, and other information related to our Services.

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. You may opt out of promotional communications at any time by following the unsubscribe instructions included in each promotional email or by contacting us at [email protected].

22. Accessibility

Cafe Rio is committed to making our website and Services accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and other applicable accessibility standards. If you encounter any accessibility barriers on our Site or require an accommodation, please contact us at [email protected] and we will make reasonable efforts to assist you.

23. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our Services, please contact us using the information below. We are committed to responding to all inquiries in a timely and professional manner.

For legal notices required under these Terms, please address your correspondence to the email address listed above, clearly marked "Legal Notice – Terms of Service." We will acknowledge receipt of legal notices within five (5) business days.