Terms of Service

Effective Date: May 16, 2026  |  Last Updated: May 16, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "you," or "your") and Cafe Rio ("Company," "we," "us," or "our"), governing your access to and use of the website caferio-food.digital and all related content, features, services, and functionality offered on or through the Site.

By accessing or using our Site, placing an order, creating an account, or otherwise engaging with our digital platforms, you expressly agree to these Terms and our Privacy Policy, which is incorporated herein by reference. Your continued use of the Site following any posted modifications to these Terms constitutes your acceptance of those changes.

These Terms apply to all visitors, registered users, customers, and others who access or use the Site. If you are using 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, and in such case, "you" and "your" shall refer to that entity.

You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to use our services. By agreeing to these Terms, you represent and warrant that you meet the applicable age requirement. If you are under 18, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Cafe Rio is a food service business operating in the United States that offers customers the ability to browse our menu, place food orders, make reservations, and access related food and dining services through our digital platform at caferio-food.digital. Our services may include, but are not limited to:

• Online food ordering for pickup, delivery, or dine-in;
• Menu browsing, nutritional information, and allergen disclosures;
• Loyalty and rewards program participation;
• Gift card purchases and redemption;
• Catering inquiries and event bookings;
• Customer account management and order history;
• Promotional offers, coupons, and special deals;
• Customer support and feedback submission.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation. We may also impose limits on certain features or restrict your access to parts or all of the services without notice or liability.

Cafe Rio strives to maintain the accuracy of menu items, pricing, and product availability displayed on our Site. However, errors may occur, and we reserve the right to correct any inaccuracies, including pricing errors, and to cancel orders placed based on incorrect information. In such cases, you will be notified promptly and provided with a full refund if payment has already been processed.

3. User Accounts and Registration

Some features of our Site may require you to create an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion. Accounts found to be inactive for an extended period may be deactivated in accordance with our internal policies.

4. User Obligations and Prohibited Activities

By using our Site and services, you agree to comply with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to those of the United States. You further agree to use the Site only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use and enjoyment of the Site.

4.1 General User Obligations

• Provide truthful, accurate, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials;
• Comply with all applicable laws and regulations;
• Use the Site and services only for personal, non-commercial purposes unless otherwise agreed in writing by Cafe Rio;
• Promptly notify us of any inaccuracies or unauthorized activity on your account.

4.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Using the Site or services for any fraudulent, deceptive, or illegal purpose;
• Attempting to gain unauthorized access to our systems, servers, networks, or data;
• Interfering with or disrupting the integrity or performance of the Site or its related systems;
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
• Uploading, posting, or transmitting any content that is defamatory, obscene, offensive, or that violates any third-party rights, including intellectual property rights and privacy rights;
• Using automated systems, bots, scrapers, or other data collection tools to access or harvest information from the Site without our prior written consent;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software used in connection with the Site;
• Impersonating any person or entity or falsely representing your affiliation with any person or entity;
• Using the services to place fraudulent orders or abuse promotional offers, coupons, or loyalty rewards programs;
• Violating any applicable federal, state, or local food safety, consumer protection, or commerce laws.

We reserve the right to investigate and take appropriate legal or administrative action against anyone who, in our sole discretion, violates this section, including removing user content, suspending or terminating accounts, and reporting such users to law enforcement authorities.

5. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Site (collectively, "Content"), is the property of Cafe Rio or its content suppliers and is protected by United States copyright, trademark, trade dress, patent, and other intellectual property laws.

The Cafe Rio name, logo, and all related product names, service names, design marks, and slogans are trademarks or service marks of Cafe Rio. You may not use any of our trademarks without prior written permission from us. All other trademarks, service marks, and trade names used on the Site are the property of their respective owners.

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

• Any resale or commercial use of the Site or its Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Site or its Content;
• 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 Content terminates the license granted by us. We reserve all rights not expressly granted to you in these Terms.

6. Food Orders, Payment, and Pricing

6.1 Order Placement

When you place an order through our Site, you are making an offer to purchase food products and services subject to these Terms. We reserve the right to accept or decline your order for any reason, including but not limited to product unavailability, inaccuracies in product or pricing information, or suspected fraud. Your order is confirmed only upon our sending you a confirmation of the order.

6.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes, as well as any applicable delivery fees and service charges. Prices are subject to change without prior notice. We make every effort to display accurate pricing information but do not guarantee that all pricing is error-free. In the event of a pricing error, we will notify you of the correct price and give you the option to proceed with or cancel your order.

6.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Site at the time of purchase. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method. You authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

6.4 Refunds and Cancellations

Refund and cancellation policies apply as described on the Site at the time of your purchase or as otherwise communicated to you during the ordering process. Given the perishable nature of food products, all sales are generally final once your order has been confirmed and preparation has begun. If you have a concern about your order, please contact us immediately at [email protected] and we will work to resolve the issue in good faith.

6.5 Loyalty Programs and Promotions

Any loyalty points, rewards, discounts, or promotional offers issued through our Site are subject to the specific terms and conditions of the applicable program. We reserve the right to modify or discontinue loyalty programs and promotions at any time. Rewards and promotional credits have no cash value unless otherwise specified and may not be transferred.

7. Food Safety and Allergen Disclaimer

Cafe Rio takes food safety seriously and strives to provide accurate information about the ingredients and potential allergens present in our menu items. However, due to the nature of food preparation environments, we cannot guarantee that our products are completely free from any particular allergen. Cross-contamination may occur during food preparation and handling.

If you have a known food allergy, sensitivity, or dietary restriction, it is your responsibility to review our allergen information carefully and to notify our staff at the time of ordering. Cafe Rio shall not be liable for any adverse reactions resulting from undisclosed food allergies or from cross-contamination during preparation. You agree that the consumption of our food products is at your own risk with respect to allergy-related concerns.

8. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources 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 websites or services and assume no responsibility for them. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit.

Our Site may also integrate with third-party delivery platforms or payment processors. Your use of such third-party services is governed by their respective terms of service and privacy policies, and Cafe Rio bears no responsibility for the acts or omissions of such third parties.

9. Disclaimers — "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE AND SERVICES 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, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• ANY DEFECTS OR ERRORS WILL BE CORRECTED;
• THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer under the laws of the United States, including applicable state consumer protection laws, which cannot be waived or limited by contract.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL CAFE RIO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Site or services;
• Any conduct or content of any third party on the Site;
• Any content obtained from the Site;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any food product purchased through our Site or consumed at our establishment.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO CAFE RIO IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you in full. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio, its affiliates, subsidiaries, 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;
• Your use of the Site or services;
• Your violation of any applicable law, regulation, or third-party rights;
• Any content you submit, post, or transmit through the Site;
• Any fraudulent or deceptive conduct on your part;
• Your negligence or willful misconduct.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. Governing Law and Jurisdiction

These Terms 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 Cafe Rio's principal operations are located, without regard to its conflict of law principles. These Terms specifically incorporate compliance with:

• The Federal Trade Commission (FTC) Act, including FTC regulations governing unfair or deceptive acts or practices in commerce;
• The Electronic Communications Privacy Act (ECPA);
• The Computer Fraud and Abuse Act (CFAA);
• Applicable state consumer protection laws;
• The California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA), to the extent applicable to California residents;
• All applicable federal and state food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

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 of competent jurisdiction in the United States. You and Cafe Rio each irrevocably consent to the exclusive jurisdiction of, and venue in, such courts.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Cafe Rio at [email protected] to describe the nature of your dispute and your desired resolution. We will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed with the dispute resolution process described below.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), INCLUDING THE AAA'S CONSUMER ARBITRATION RULES WHERE APPLICABLE. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND THE ARBITRAL DECISION SHALL BE FINAL AND BINDING.

The arbitrator shall have authority to award any remedy that would be available in a court of competent jurisdiction, including injunctive relief and specific performance. The arbitration shall be conducted on an individual basis only. Neither you nor Cafe Rio may bring any claim as a class action, private attorney general action, or in any other representative capacity.

13.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. This waiver applies to all claims and disputes. If a court of competent jurisdiction finds this waiver unenforceable, then the entire arbitration clause in this section shall be null and void, and the dispute shall be resolved through litigation in the courts described in Section 12.

13.4 Time Limitation on Claims

To the extent permitted by applicable law, any claim or cause of action arising from or related to your use of the Site or services must be filed within one (1) year after such claim or cause of action arose. Claims not filed within this period are permanently barred, regardless of any statute of limitations to the contrary.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Site or services. We may, in our sole discretion and without prior notice or liability, terminate or suspend your access to all or any part of the Site and services for any reason, including without limitation if we believe you have violated these Terms.

Upon termination, your right to use the Site and services shall immediately cease. The following provisions shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

You may also terminate your account at any time by contacting us at [email protected] with a request to delete your account. Please note that termination of your account does not relieve you of any obligations incurred prior to termination, including the payment of any outstanding amounts owed to Cafe Rio.

15. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will provide notice through one or more of the following methods: (a) posting the revised Terms on our Site with an updated "Last Updated" date; (b) sending an email to the address associated with your account; or (c) displaying a prominent notice on our Site.

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

No amendment or modification of these Terms shall be binding on Cafe Rio unless made in writing and signed by an authorized representative of Cafe Rio. Your continued use of the Site after any changes constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, and to reflect the original intent of the parties as closely as possible.

The failure of Cafe Rio to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of Cafe Rio to be effective.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by Cafe Rio on the Site, constitute the entire agreement between you and Cafe Rio concerning the Site and services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings between the parties, whether written or oral, with respect to such subject matter.

18. Force Majeure

Cafe Rio shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, epidemics or pandemics, government orders or restrictions, labor disputes, supply chain disruptions, power outages, or failures of internet infrastructure or third-party services.

19. Electronic Communications

By using our Site and services and providing your contact information, you consent to receive electronic communications from Cafe Rio, including emails, push notifications, and other digital communications relating to your account, orders, and our services. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

You may opt out of marketing communications at any time by using the unsubscribe link in any promotional email or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional or administrative messages related to your account or orders.

20. Accessibility

Cafe Rio is committed to making our digital platforms accessible to all users, including individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable accessibility standards under the Americans with Disabilities Act (ADA). If you experience difficulty accessing any part of our Site, please contact us at [email protected] and we will make reasonable efforts to assist you.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to exercise any rights you may have under applicable law, please contact us using the information below: