Terms of Service

Effective Date: June 12, 2026  |  Last Updated: June 12, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and the operator of freshcaferio.click ("Company," "we," "us," or "our"), governing your access to and use of the website located at freshcaferio.click, including all content, features, functionality, and services offered therein (collectively, the "Services").

By visiting, browsing, registering an account on, placing an order through, or otherwise using our website or Services, you affirm that:

• You are at least eighteen (18) years of age or have the legal capacity to enter into a binding contract under applicable law;
• You have read, understood, and agree to be bound by these Terms;
• You agree to comply with all applicable local, state, and federal laws, regulations, and ordinances in connection with your use of our Services;
• If you are using the Services on behalf of a business or other legal entity, you have the authority to bind that entity to these Terms.

These Terms apply to all visitors, users, and others who access or use our Services. Your continued use of the website following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Description of Services

Cafe Rio operates as a food service business offering customers a variety of fresh, made-to-order food and beverage products. Our Services, as accessible through freshcaferio.click, include but are not limited to:

• Online Menu Browsing: Access to our current menu offerings, including food items, beverages, seasonal specials, and nutritional information.
• Online Ordering: The ability to place food and beverage orders online for pickup, dine-in (where available), or delivery through integrated third-party delivery partners.
• Account Registration: Creation and management of a personal user account to facilitate order history, saved preferences, and loyalty rewards.
• Promotions and Loyalty Programs: Access to promotional offers, discount codes, gift cards, and any customer loyalty or rewards programs we may offer from time to time.
• Customer Support: Contact and communication services to assist with inquiries, complaints, or feedback regarding our food products and services.
• Informational Content: General information about our business, locations, hours of operation, catering services, and company news.

We reserve the right, at our sole discretion, 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 the Services.

All food items are subject to availability. Menu items, pricing, and availability may vary by location and are subject to change without prior notice. We strive to provide accurate descriptions of our food products; however, we make no guarantee that product descriptions or other content on the website are entirely accurate, complete, or current.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account credentials and notify us immediately of any unauthorized use of your account;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations when using our Services;
• Be solely responsible for all activity that occurs under your account;
• Ensure that any dietary restrictions, allergies, or food intolerances are communicated clearly when placing orders, as we cannot guarantee the absence of allergens in our food preparation environments.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Services for any unlawful purpose or in violation of any applicable local, state, federal, or international law or regulation;
• Engage in any fraudulent activity, including but not limited to submitting false orders, using stolen payment information, or exploiting promotional offers in bad faith;
• Attempt to gain unauthorized access to any portion of the website, other user accounts, computer systems, or networks connected to our Services through hacking, password mining, or any other means;
• Transmit any viruses, malware, spyware, or other harmful, disruptive, or destructive code or content;
• Harvest or collect personal information about other users of the Services without their consent;
• Use automated tools, bots, scrapers, or other software to access, scrape, or crawl the website without our prior written permission;
• Interfere with or disrupt the integrity or performance of the website or the data contained therein;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm us or users of the Services or expose them to liability;
• Post, upload, or transmit any content that is defamatory, obscene, abusive, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Use our Services to advertise or offer to sell or buy any goods or services for any business purpose without our express written consent;
• Misuse discount codes, coupon offers, or promotional programs in a manner inconsistent with their intended use.

Violation of any of the above-listed prohibitions may result in immediate termination of your account and access to our Services, and may subject you to civil and/or criminal liability.

4. Intellectual Property Rights

All content and materials available on freshcaferio.click, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and appearance of the website ("Intellectual Property"), are the exclusive property of Cafe Rio or its content suppliers and are protected by applicable United States and international intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and trade dress protections.

The trademarks, service marks, trade names, logos, and trade dress displayed on our website are registered and unregistered trademarks of Cafe Rio or third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written permission of the trademark owner.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website and its content solely for personal, non-commercial purposes in connection with using our Services. 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;
• Any derivative use of the website or its contents;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our Intellectual Property terminates the license granted herein. We reserve all rights not expressly granted in these Terms.

5. Payment Terms

5.1 Pricing and Charges

All prices displayed on our website are 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 applicable to your order will be the price displayed at the time you submit your order.

5.2 Payment Methods

We accept various payment methods as displayed at checkout, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital payment platforms, and other payment options as made available. By providing your 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 will pay all charges incurred at the listed prices, including applicable taxes and fees.

5.3 Order Confirmation and Processing

Your order is not confirmed until you receive an order confirmation via email or on-screen notification. We reserve the right to refuse or cancel any order for any reason, including but not limited to pricing errors, product unavailability, or suspected fraudulent activity. If your order is cancelled after payment has been processed, we will issue a full refund to your original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally considered final once an order has been prepared. Refunds or replacements may be issued at our sole discretion in cases involving incorrect orders, food quality issues, or other circumstances as determined by our customer service team. Please contact us at [email protected] within a reasonable time of receiving your order if you have a concern regarding your purchase.

5.5 Promotional Offers and Loyalty Rewards

Promotional codes, discount offers, and loyalty reward points are subject to their individual terms and conditions and may not be combined unless expressly permitted. We reserve the right to modify, suspend, or terminate any promotional program at any time without prior notice.

6. Food Safety, Allergens, and Disclaimers

Cafe Rio takes food safety seriously and complies with all applicable federal, state, and local food safety regulations, including standards established by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, please be aware of the following:

Nutritional information provided on our website is based on standard recipes and may vary depending on ingredient substitutions, preparation methods, and portion sizes. We do not warrant the accuracy of any nutritional data provided and recommend that individuals with specific dietary requirements or medical conditions consult a qualified healthcare provider.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND THE APPLICABLE STATE WHERE OUR BUSINESS OPERATES, 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;
• Personal injury or property damage related to your use of the Services;
• Any unauthorized access to or use of our secure servers or personal information stored therein;
• Any interruption or cessation of the Services;
• Any bugs, viruses, or other harmful code transmitted through the Services;
• Any errors or omissions in content or information on the website;
• Any adverse health effects arising from food products, including allergic reactions, foodborne illness, or other conditions.

IN JURISDICTIONS WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL OTHER CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some states do not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so the above limitations may not apply to you. Your legal rights may vary by state.

8. Disclaimers (As-Is Basis)

THE SERVICES AND ALL CONTENT, MATERIALS, AND INFORMATION PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE FEDERAL AND STATE LAW, CAFE RIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

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

We do not warrant that the website will meet your requirements or that any errors will be corrected. We do not warrant or make any representation regarding the use or results of use of the Services in terms of their accuracy, reliability, or otherwise.

References on the website to any third-party products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise do not constitute or imply endorsement, sponsorship, or recommendation by us.

The FTC Act (15 U.S.C. § 45) prohibits unfair or deceptive acts or practices in commerce. Our disclaimers herein are made in accordance with applicable consumer protection standards while remaining consistent with federal law requirements.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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;
• Your use of the Services or any content accessed through the Services;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property rights, privacy rights, or consumer protection regulations;
• Any content or materials you submit, post, or transmit through the Services;
• Your fraudulent, negligent, or willful misconduct;
• Any misrepresentation you make to us or to other users.

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

10. Third-Party Links and Services

Our website may contain links to third-party websites, platforms, or services, including third-party food delivery services, payment processors, and social media platforms. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of any third-party websites or services and assume no responsibility or liability for them.

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

11. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you are a California resident, additional rights and protections may apply to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) as outlined in our Privacy Policy.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which our business is registered and operates, without regard to its conflict of law provisions or your actual state or country of residence.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.), applicable federal law, and the laws of the applicable state shall govern these Terms and any disputes arising hereunder, consistent with the jurisdictional location of our business operations.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to first contact us directly to attempt to resolve the dispute informally. Please reach out to us at [email protected] with a written description of your dispute, your desired resolution, and your contact information. We will attempt to respond and resolve your concern within thirty (30) calendar days.

13.2 Binding Arbitration

If we are unable to resolve a dispute through informal means within thirty (30) days, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be resolved by binding individual arbitration, rather than in court, except as set forth in Section 13.4 below.

The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (available at www.adr.org), as modified by these Terms. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final, binding, and non-appealable, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.3 Class Action Waiver

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims that qualify for such court. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13.5 Arbitration Fees

The allocation of arbitration fees shall be governed by the AAA Consumer Arbitration Rules. In the event you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the arbitration fees and costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Services or maintain an account with us. You may terminate your account and stop using the Services at any time by contacting us at [email protected].

We reserve the right, in our sole discretion, to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms;
• Fraudulent, abusive, or illegal activity;
• Behavior that is harmful to other users, third parties, or our business interests;
• Extended periods of account inactivity;
• Requests by law enforcement or government authorities;
• Discontinuation or material modification of the Services.

Upon termination of your account for any reason:

• All licenses and rights granted to you under these Terms will immediately terminate;
• You must cease all use of the Services;
• Any pending orders may be cancelled at our discretion;
• Any accumulated loyalty points or rewards may be forfeited.

Provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations, limitation of liability, and dispute resolution provisions.

15. Changes to Terms

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

• Post the revised Terms on this page with an updated "Last Updated" date;
• If the changes are material, we may provide additional notice by sending an email to the address associated with your account or by displaying a prominent notice on our website.

Your continued use of the website and Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. You are responsible for regularly reviewing these Terms to stay informed of any updates. If you do not agree to the modified Terms, you must discontinue your use of the Services.

We encourage you to bookmark this page and check it periodically. The date at the top of this page indicates when these Terms were last updated.

16. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, eliminated from these Terms. The remaining provisions of the Terms shall continue in full force and effect.

The invalidity or unenforceability of any provision of these Terms in any jurisdiction shall not affect the validity or enforceability of any other provision of these Terms in that jurisdiction or the validity or enforceability of that or any other provision in any other jurisdiction.

No waiver by us of any term or condition set out 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, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

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

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18. No Waiver

The failure of Cafe Rio to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cafe Rio. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Force Majeure

Cafe Rio shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disturbances, government actions, pandemics, epidemics, natural disasters, fire, flood, labor disputes, supply chain disruptions, or failures of third-party service providers. In such events, we will make reasonable efforts to notify you and resume performance as soon as practicable.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service or your use of our Services, please do not hesitate to contact us. We are committed to responding promptly and resolving any issues in a fair and transparent manner.