Terms of Service

Effective Date: April 17, 2026  |  Last Updated: April 17, 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 cafexrio.digital (the "Website") and all related services, features, content, and applications offered by Cafe Rio (collectively, the "Services").

By accessing the Website, placing an order, creating an account, subscribing to any communication from us, or otherwise engaging with our Services in any manner, you affirm that:

• You are at least 18 years of age, or you are at least 13 years of age and are accessing the Services with the knowledge and consent of a parent or legal guardian who also agrees to these Terms;
• You have the legal capacity and authority to enter into this Agreement;
• You will comply with all applicable local, state, federal, and international laws and regulations; and
• All information you provide to us is accurate, truthful, and complete.

If you are accessing our Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

We reserve the right to modify, amend, or update these Terms at any time, and such changes will be effective upon posting to the Website. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the updated Terms. We encourage you to review this page periodically to stay informed of any changes.

2. Description of Services

Cafe Rio is a food and beverage establishment that provides a range of dining and food-related services, including but not limited to:

• In-Store Dining: Table service and self-service dining experiences at our physical location(s);
• Online Ordering: The ability to browse our menu, customize orders, and place food and beverage orders through our Website or affiliated third-party platforms;
• Takeout and Delivery: Order fulfillment via pickup at our establishment or delivery to a designated address, subject to availability and geographic limitations;
• Catering Services: Customized food and beverage packages for events, gatherings, and special occasions, subject to separate terms and pricing;
• Loyalty and Rewards Programs: Optional participation in promotional programs, discounts, or loyalty reward schemes as may be offered from time to time;
• Informational Content: Menu information, nutritional data, promotional content, and company news provided through the Website.

Cafe Rio reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect of the Services at any time without prior 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 service options may vary by location, time, and season. We do not guarantee that any specific item will be available at the time of your order. In the event that an item is unavailable, we will make reasonable efforts to notify you promptly.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with us;
• Maintain the security and confidentiality of any login credentials, passwords, or account information associated with your account;
• Promptly notify us at [email protected] of any unauthorized use of your account or any other breach of security;
• Use the Services only for lawful purposes and in compliance with these Terms;
• Comply with all applicable local, state, and federal laws and regulations, including those related to food safety, health, and consumer protection.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using the Website or Services:

• Using the Website for any unlawful purpose or in violation of any applicable local, state, federal, or international laws;
• Attempting to gain unauthorized access to any portion of the Website, server, or any systems or networks connected to the Website;
• Engaging in any form of data mining, scraping, crawling, or harvesting of content or information from the Website without our express written consent;
• Uploading or transmitting any viruses, malware, or other harmful code or software that could damage, disable, or impair the Website or the servers or networks connected to it;
• Engaging in fraudulent activity, including placing fraudulent orders, providing false information, or misrepresenting your identity;
• Posting or transmitting any content that is defamatory, obscene, offensive, threatening, or otherwise objectionable;
• Reproducing, duplicating, copying, selling, or reselling any portion of the Services without our express written permission;
• Using automated means, bots, scripts, or other software to access or interact with the Website in a manner that could overload or interfere with its normal functioning;
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
• Collecting or harvesting personal information of other users without their explicit consent;
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein.

Violation of any of the above prohibitions may result in immediate termination of your access to our Services, and we reserve the right to report such violations to appropriate law enforcement authorities.

4. Account Registration

Certain features of our Website and Services may require you to create an account. When registering for an account, you agree to provide accurate and complete information and to keep such information updated. You are solely responsible for all activities that occur under your account.

You may not share your account credentials with any third party, and you agree to take all reasonable steps to protect the confidentiality of your password. Cafe Rio is not liable for any loss or damage resulting from your failure to protect your account information.

We reserve the right to suspend or terminate your account at our sole discretion, with or without cause, and with or without notice, including in cases where we believe you have violated these Terms.

5. Intellectual Property Rights

All content, materials, and features available on or through the Website and Services, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof (collectively, the "Content"), are the exclusive property of Cafe Rio or its content suppliers and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Cafe Rio name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Cafe Rio. You may not use any of our trademarks, service marks, or trade names without our express 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 the Website and Content solely for personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify or create derivative works based on the Content;
• Use the Content for any commercial purpose without our express written consent;
• Remove any proprietary notices or labels on the Content.

Any unauthorized use of the Content or Services may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. We reserve all rights not expressly granted in these Terms.

If you submit, upload, post, or transmit any content to us through the Website or Services ("User Content"), you grant Cafe Rio a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with our Services and business operations.

6. Online Ordering and Payment Terms

6.1 Order Placement

When you place an order through our Website or Services, you represent that you are authorized to use the payment method provided and that the information submitted is accurate and complete. All orders are subject to availability and confirmation of the order price.

We reserve the right to refuse or cancel any order for any reason, including but not limited to: product or service unavailability, inaccuracies in product or pricing information, suspected fraudulent activity, or errors in your order submission. If we cancel an order after payment has been processed, we will issue a full refund using the original payment method.

6.2 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable state and local taxes. Prices may change without prior notice, and we do not guarantee that prices displayed will remain constant. Delivery fees, service charges, and applicable gratuities may be added to your order total and will be clearly disclosed prior to checkout.

6.3 Payment Processing

We accept various forms of payment as indicated on our Website at the time of checkout. All payment transactions are processed through secure, third-party payment processors. By providing your payment information, you authorize us to charge the applicable fees to your designated payment method. We do not store full credit card numbers on our servers.

6.4 Refunds and Cancellations

Refund and cancellation policies for online orders will be applied as follows:

• Orders may be cancelled or modified only before they have been accepted and prepared by our kitchen staff;
• If an order cannot be fulfilled due to item unavailability or operational issues, a full refund will be issued;
• In the case of incorrect or unsatisfactory orders, please contact us within 24 hours of receipt at [email protected] for resolution;
• Refunds, where applicable, will be processed within 5–10 business days, depending on your payment provider.

7. Food Allergen and Nutritional Information Disclaimer

While we make every effort to provide accurate allergen and nutritional information, Cafe Rio cannot guarantee that any menu item is completely free from allergens. Our food products are prepared in facilities that handle common allergens including but not limited to: peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish.

Cross-contamination may occur during food preparation. If you have a food allergy, intolerance, or dietary restriction, we strongly encourage you to inform our staff before placing your order and to use your own judgment regarding the suitability of any menu item. Cafe Rio shall not be held liable for any allergic reactions or adverse health effects resulting from the consumption of our food products.

8. Disclaimers and "As-Is" Basis

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED.

Cafe Rio does not warrant that the Website is free of viruses or other harmful components. You assume all responsibility and risk for your use of the Website and the internet generally.

Reference to any specific products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Cafe Rio.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE LAWS OF THE STATE IN WHICH CAFE RIO OPERATES, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CAFE RIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CAFE RIO'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Cafe Rio and you. The Services would not be provided without such limitations.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, 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 use of, or inability to use, the Website or Services;
• Your breach or alleged breach of these Terms;
• Your violation of any applicable local, state, federal, or international law or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights;
• Any User Content you submit, post, or transmit through our Services;
• Any fraudulent or unauthorized activity conducted through your account;
• Any misrepresentation made by you in connection with the Services.

Cafe Rio reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims. You agree not to settle any such matter without the prior written consent of Cafe Rio.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, and services that are not owned or controlled by Cafe Rio, including third-party payment processors, delivery partners, and social media platforms. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites.

The inclusion of any link on our Website does not imply endorsement by Cafe Rio of the linked website or service. We strongly recommend that you review the terms of service and privacy policy of any third-party website you visit. Your interactions with third-party websites and services are solely between you and such third parties.

12. Privacy Policy

Your use of our Website 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 in accordance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) where applicable, and the Federal Trade Commission Act (FTC Act). We encourage you to read our Privacy Policy carefully.

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

13. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the United States and the laws of the applicable state in which Cafe Rio operates, without regard to conflict of law principles.

Subject to the dispute resolution provisions set forth in Section 14 below, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the United States for the resolution of any disputes that are not subject to arbitration. You waive any objection to such jurisdiction and venue, including any objection that any such court is an inconvenient forum.

To the extent you are a consumer located in a particular U.S. state, you may also have rights under specific state consumer protection statutes. Nothing in these Terms shall be construed to waive or limit any rights you may have under applicable state or federal consumer protection laws, including those enforced by the Federal Trade Commission under the FTC Act (15 U.S.C. § 45 et seq.).

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or the Services by contacting us in writing at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If the dispute cannot be resolved informally within this period, either party may proceed to arbitration as set forth below.

14.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT www.adr.org.

The arbitration shall be conducted by a single, neutral arbitrator. The place of arbitration shall be determined in accordance with the AAA rules, and the proceedings may be conducted telephonically or via video conference where permitted. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. 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 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, or to prevent imminent harm or irreparable injury. Such a request shall not be deemed a waiver of the obligation to arbitrate.

15. Term and Termination

These Terms shall remain in full force and effect while you use the Website or Services. We reserve the right to suspend or terminate your access to the Services, in whole or in part, at our sole discretion, at any time and for any reason, including but not limited to:

• Your breach or violation of any provision of these Terms;
• Your engagement in any conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or our business interests;
• Requests by law enforcement or other government agencies;
• Unexpected technical or security issues; or
• Extended periods of inactivity.

Upon termination of your access to the Services:

• All licenses and rights granted to you under these Terms will immediately terminate;
• You must cease all use of the Website and Services;
• Any provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

We shall not be liable to you or any third party for any termination of your access to the Services. You may also terminate your use of the Services at any time by discontinuing your use of the Website and, if applicable, by requesting deletion of your account.

16. Changes to Terms

Cafe Rio reserves the right to revise, amend, or update these Terms of Service at any time at its sole discretion. When we make material changes to these Terms, we will post the updated Terms on this page with a revised "Last Updated" date and, where appropriate, provide you with additional notice, such as a notification on the Website or via email to the address associated with your account.

Your continued use of the Website or Services after any changes to the Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services immediately. We encourage you to review these Terms periodically to ensure that you understand the terms and conditions governing your use of our Services.

No amendment to these Terms shall be effective unless made in writing and posted to the Website in accordance with the procedures described herein, or unless made through a written agreement signed by authorized representatives of both parties.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law, including but not limited to the laws of the United States, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed deleted from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties intend that these Terms shall be construed to give maximum effect to the intent of the parties as expressed herein, and any modified or severed provision shall be construed as closely as possible to the original intent of the parties.

18. Entire Agreement and Waiver

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

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.

19. Force Majeure

Cafe Rio shall not be liable for any failure or delay in the performance of its 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, epidemics or pandemics, war, terrorism, riots, civil unrest, government actions, labor disputes, power outages, internet or telecommunications failures, supply chain disruptions, or any other force majeure event.

In the event of a force majeure occurrence, we will make reasonable efforts to notify you and to resume normal operations as quickly as practicable.

20. Contact Information

If you have any questions, concerns, comments, or complaints regarding these Terms of Service or our Services, please do not hesitate to contact us using the information below:

We will endeavor to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety, allergic reactions, or health concerns, please contact your local emergency services or health department immediately.

These Terms of Service were last updated on April 17, 2026. By using the Website and Services of Cafe Rio, you acknowledge that you have read and fully understand these Terms and agree to be bound by them.