Terms of Service

Effective Date: June 9, 2026  |  Last Updated: June 9, 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 caferio-fresh.rest and all related services, features, content, and functionality offered by Cafe Rio (collectively, the "Services").

By visiting our website, creating an account, placing an order, subscribing to any service, or otherwise interacting with any part of our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines, policies, and rules incorporated herein by reference, including our Privacy Policy.

If you are using our Services on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such cases, "you" and "your" shall refer to that entity.

You must be at least eighteen (18) years of age to use our Services. By accepting these Terms, you confirm that you meet this age requirement. If you are under 18 years of age, you may only use our Services under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.

Cafe Rio reserves the right to modify, amend, update, or replace these Terms at any time. Any changes will be effective immediately upon posting to our website. Your continued use of the Services following such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. Description of Services

Cafe Rio operates as a food service business providing customers with freshly prepared meals, beverages, and related food products through our physical location(s), website, and any associated digital ordering platforms. Our Services include, but are not limited to:

• Online ordering of food and beverages for pick-up or delivery
• Browsing of our menu, pricing, and nutritional information
• Account creation and management for returning customers
• Loyalty program participation and rewards redemption
• Catering and bulk order services for events and gatherings
• Gift card purchasing and redemption
• Promotional offers, discount codes, and special event notifications
• Customer support and order-related communications via email and other channels

Cafe Rio strives to accurately describe all food items, ingredients, allergen information, and pricing on our platform. However, menu items, prices, availability, and promotional offers are subject to change without prior notice. We do not guarantee that all items displayed on the website will be available at all times or at all locations.

Our Services are intended for personal, non-commercial use unless a separate written agreement with Cafe Rio expressly permits otherwise. Any commercial use of our platform, services, or content requires prior written authorization from Cafe Rio.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any part of our Services at any time with or without notice. Cafe Rio shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a user of Cafe Rio's Services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order
• Maintain the security and confidentiality of your account credentials and promptly notify us of any unauthorized access or security breach
• Use our Services only for lawful purposes and in accordance with all applicable federal, state, and local laws and regulations
• Comply with all applicable food safety and health guidelines when receiving, handling, and consuming our food products
• Promptly notify us of any food safety concerns, allergen issues, or quality problems with any product you receive
• Ensure that any delivery address or contact information provided is accurate and up to date

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities when using our Services:

• Submitting false, misleading, fraudulent, or deceptive orders, reviews, or communications
• Using our Services to engage in any form of unauthorized commercial solicitation, spam, or unsolicited advertising
• Attempting to gain unauthorized access to our systems, servers, databases, or any part of our platform through hacking, scraping, or any other unlawful means
• Using automated tools, bots, spiders, or scrapers to access, collect, or extract data from our website without our prior written consent
• Reverse-engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying structure of our platform
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our Services without express written authorization
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity
• Uploading or transmitting viruses, malware, or any other malicious or harmful code
• Engaging in any activity that interferes with or disrupts the integrity, performance, or availability of our Services
• Using our platform to facilitate any illegal transaction, including but not limited to money laundering or fraud
• Circumventing or attempting to circumvent any security or access control measures on our platform
• Collecting or harvesting personal information about other users without their express consent
• Using our Services in any manner that could damage the reputation or goodwill of Cafe Rio

Cafe Rio reserves the right to investigate suspected violations of these Terms and to take appropriate legal action, including suspending or terminating your account, reporting conduct to law enforcement, and seeking injunctive or other equitable relief.

4. Account Registration and Security

To access certain features of our Services, you may be required to register for an account. When creating an account, you agree to provide truthful and accurate information and to keep such information updated at all times.

You are solely responsible for maintaining the confidentiality of your account login credentials. You agree to accept responsibility for all activities that occur under your account. If you believe your account has been compromised or used without authorization, you must immediately notify us at [email protected].

Cafe Rio will not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized use of your account. We reserve the right to terminate accounts, refuse service, or cancel orders at our discretion, particularly in cases where we suspect fraudulent activity or violations of these Terms.

5. Intellectual Property Rights

All content, materials, and features available through our Services, including but not limited to text, graphics, logos, icons, photographs, images, audio clips, data compilations, software, and the overall look and feel of the website ("Content"), are the exclusive property of Cafe Rio or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade secret, and patent laws.

The Cafe Rio name, logo, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of Cafe Rio. You may not use any Cafe Rio trademark, service mark, or trade dress without the prior written consent of Cafe Rio. All other trademarks appearing on our platform are the property of their respective owners.

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

• Copy, reproduce, distribute, or create derivative works of our Content
• Use any data mining, robots, or similar data gathering and extraction tools
• Frame or mirror any portion of our website without our express written consent
• Use the Content for commercial purposes without prior written authorization

Any unauthorized use of our intellectual property may result in immediate termination of your access to our Services and may subject you to civil and criminal liability under applicable law.

If you believe that any content available on our platform infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement in compliance with the Digital Millennium Copyright Act (DMCA).

6. Payment Terms

When you place an order through our website, you agree to pay all applicable charges, including the price of selected items, taxes, delivery fees, and any other applicable surcharges as disclosed at the time of checkout.

All payments must be made through the payment methods we accept, which may include major credit cards, debit cards, digital wallets, and other methods as designated on our platform. By submitting your payment information, you authorize Cafe Rio to charge your designated payment method for the total amount of your order.

All prices are listed in United States Dollars (USD) and are subject to applicable sales tax as required by federal, state, and local law. Cafe Rio reserves the right to change pricing at any time without prior notice. Price changes will not affect orders that have already been confirmed and accepted.

In the event of a pricing error or technical glitch resulting in an incorrect price being displayed, Cafe Rio reserves the right to cancel any orders placed at the erroneous price and to notify you of such cancellation. You will receive a full refund for any payment already processed in such circumstances.

6.1 Refund and Cancellation Policy

Order cancellations and refund eligibility are subject to our Refund Policy, which is incorporated into these Terms by reference. Generally, orders may be cancelled within a reasonable window prior to preparation. Once food preparation has begun, cancellation may not be possible. Refunds for quality issues or incorrect orders will be evaluated on a case-by-case basis. Please contact us at [email protected] within twenty-four (24) hours of receiving your order to report any issues.

6.2 Promotional Codes and Discounts

From time to time, Cafe Rio may offer promotional codes, discount vouchers, or loyalty rewards. Such promotions are subject to specific terms and conditions stated at the time of issuance. Promotional codes are non-transferable, have no cash value, and may not be combined with other offers unless explicitly stated. Cafe Rio reserves the right to cancel or modify any promotion at any time.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES OR ANY CONTENT OBTAINED THROUGH OUR SERVICES, EVEN IF CAFE RIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CAFE RIO'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such cases, the above limitations may not apply to you to the extent prohibited by law, and Cafe Rio's liability shall be limited to the maximum extent permitted by applicable law.

Nothing in these Terms shall limit or exclude liability for fraud, willful misconduct, gross negligence, or any other liability that cannot be excluded or limited under applicable law, including under the Federal Trade Commission Act (FTC Act) and applicable state consumer protection statutes.

8. Disclaimers

YOUR USE OF CAFE RIO'S SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

CAFE RIO DOES NOT WARRANT THAT:

• OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• ANY DEFECTS IN THE SERVICES WILL BE CORRECTED
• OUR WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• THE RESULTS OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS

8.1 Food Safety and Allergen Disclaimer

Cafe Rio makes reasonable efforts to provide accurate ingredient and allergen information for all menu items. However, our food is prepared in a shared kitchen environment where cross-contamination with common allergens — including but not limited to gluten, dairy, nuts, soy, eggs, and shellfish — may occur. We cannot guarantee that any menu item is completely free of allergens. Customers with severe food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs.

Cafe Rio is not responsible for adverse reactions, health complications, or injuries resulting from the consumption of our food products where such reactions result from undisclosed allergen sensitivities, individual health conditions, or improper storage or handling of food after delivery.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio, its affiliates, subsidiaries, parent companies, officers, directors, shareholders, employees, agents, contractors, licensors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, demands, damages, obligations, losses, settlements, judgments, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or relating to:

• Your use or misuse of our Services or any Content obtained through our Services
• Your violation of any provision of these Terms
• Your violation of any applicable federal, state, or local law, regulation, or third-party right, including intellectual property rights and privacy rights
• Any false, misleading, or inaccurate information you submit through our platform
• Your negligent or willful misconduct
• Any dispute between you and a third party in connection with your use of our Services

Cafe Rio reserves the right, at its own 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 Cafe Rio in asserting any available defenses. You agree not to settle any matter without the prior written consent of Cafe Rio.

10. Third-Party Links and Services

Our website may contain links to third-party websites, platforms, or services that are not owned or controlled by Cafe Rio. These links are provided solely for your convenience. Cafe Rio has no control over and assumes no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services.

We do not endorse or make any representation or warranty regarding any third-party website, service, or content linked from our platform. Your access to and use of third-party websites or services is entirely at your own risk and subject to the terms and policies of those third parties.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, disclosure, and protection of your personal information is governed by our Privacy Policy, available at caferio-fresh.rest/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. To the extent applicable, Cafe Rio complies with the California Consumer Privacy Act (CCPA) and its amendment under the California Privacy Rights Act (CPRA), the Federal Trade Commission Act (FTC Act), and all other applicable U.S. federal and state privacy and data protection laws.

12. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, our Services, or the breach, termination, enforcement, interpretation, or validity thereof 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 is registered and operates, without regard to its conflict of law principles.

Any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

If you are a consumer located in a state with specific consumer protection statutes — such as the California Consumers Legal Remedies Act, the California Unfair Competition Law, or similar statutes — nothing in these Terms shall be construed to waive or limit rights granted to you under such applicable state law that cannot be lawfully waived by contract.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy with Cafe Rio informally by contacting us at [email protected]. You and Cafe Rio agree to negotiate in good faith to resolve the dispute within thirty (30) days of the date notice is provided. If the dispute cannot be resolved informally within this period, either party may proceed to formal dispute resolution as set forth below.

13.2 Binding Arbitration

Except for disputes relating to intellectual property rights, small claims court matters, or injunctive relief, you and Cafe Rio agree that any unresolved dispute shall be settled by binding individual arbitration administered by a recognized arbitration organization (such as the American Arbitration Association) in accordance with its applicable rules. The arbitration shall take place in the United States, in a location mutually agreed upon by the parties or determined by the arbitrator.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own arbitration costs and fees, except as required by the applicable arbitration rules or as ordered by the arbitrator.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.4 Small Claims

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the applicable jurisdictional limits, provided such action remains in that court and proceeds on an individual basis only.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you continue to access or use Cafe Rio's Services. Cafe Rio reserves the right to suspend, restrict, or terminate your access to any or all of our Services, with or without notice and without liability to you, for any reason, including but not limited to:

• Your violation of any provision of these Terms
• Your engagement in fraudulent, harmful, or illegal activity
• Non-payment of amounts owed to Cafe Rio
• Requests by law enforcement or other government agencies
• Technical or security issues or problems
• Extended periods of inactivity
• Our discontinuation of the Services

You may also terminate your account and cease using our Services at any time by contacting us at [email protected].

Upon termination for any reason: (a) the license granted to you under these Terms will immediately terminate; (b) you must immediately cease all use of our Services; and (c) any outstanding payment obligations shall survive termination. Sections of these Terms that by their nature should survive termination, including intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law provisions, shall survive any termination of these Terms.

15. Changes to Terms

Cafe Rio reserves the right to revise, update, modify, or replace any part of these Terms at any time at our sole discretion. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by notifying you via email or a prominent notice on our website.

It is your responsibility to review these Terms periodically for any changes. Your continued access to or use of our Services following the posting of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of our Services immediately.

We may also, in the future, offer new Services or features through our website. Such new features or services shall also be subject to these Terms, as may be supplemented by additional terms specific to such new Services.

16. Severability

If any provision of these Terms is found to be invalid, illegal, unenforceable, or void by a court or arbitrator of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in full force and effect.

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

17. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines incorporated herein by reference, constitute the entire agreement between you and Cafe Rio with respect to your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms. These Terms shall not be construed against the drafter.

18. 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 is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, labor disputes, government actions, power outages, internet service provider failures, or other similar events. In such circumstances, our obligations will be suspended for the duration of the event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

19. Accessibility

Cafe Rio is committed to ensuring that our website and Services are accessible to individuals with disabilities in compliance with applicable requirements under the Americans with Disabilities Act (ADA) and relevant state accessibility laws. If you experience any accessibility issues when using our website or Services, please contact us at [email protected] so that we may assist you and improve our platform.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or your interactions with Cafe Rio, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiry within five (5) business days. For urgent matters relating to food safety, allergens, or order emergencies, please indicate the urgency in your email subject line.