Terms of Service

Please read these Terms of Service ("Terms," "Terms of Service," or "Agreement") carefully before using the website located at scafe-rio.digital (the "Site") or any services offered by Cafe Rio ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you and Cafe Rio governing your access to and use of our Site and services.

1. Acceptance of Terms

By accessing or using our Site, placing an order, creating an account, subscribing to our newsletter, or otherwise engaging with any feature or service provided through scafe-rio.digital, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

If you do not agree to these Terms, you must immediately discontinue your use of the Site and all associated services. Your continued use of the Site following any modification to these Terms shall constitute your acceptance of the revised Terms.

These Terms apply to all visitors, users, customers, and others who access or use the Site, whether in connection with online ordering, account registration, promotional activities, or general browsing.

You represent that you are at least 18 years of age, or if you are between the ages of 13 and 17, that you have obtained verifiable parental or guardian consent to use our Site and services. Individuals under the age of 13 are not permitted to use our Site.

2. Description of Services

Cafe Rio is a food service business operating in the United States. Through our website at scafe-rio.digital, we offer the following services and features:

• Online Ordering: Customers may browse our menu and place orders for pickup, delivery, or dine-in through our digital platform or integrated third-party ordering systems.
• Menu Information: We provide detailed descriptions, pricing, nutritional information, and allergen disclosures for the food and beverages we offer.
• Catering Services: We may offer catering services for events, gatherings, and corporate functions, subject to availability and separate agreements.
• Loyalty and Rewards Programs: We may offer loyalty programs, gift cards, and promotional rewards that are subject to their own specific terms and conditions.
• Account Management: Users may register for an account to manage orders, track loyalty rewards, and save preferences.
• Customer Communications: We may send order confirmations, promotional materials, and service-related communications via email or SMS, subject to your consent and applicable law.
• Third-Party Integrations: We may integrate with third-party delivery platforms, payment processors, and other service providers to facilitate our offerings.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict any service, feature, or portion of the Site at any time, with or without notice, and without liability to you.

Certain services may require account registration, payment, or agreement to additional terms. In the event of a conflict between these Terms and any additional terms applicable to a specific service, the additional terms shall control with respect to that service.

3. User Accounts and Registration

To access certain features of our Site, you may be required to register for an account. By creating an account, you agree to the following:

• You will provide accurate, current, and complete information during the registration process and will update such information as necessary 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 will notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security.
• You will not share your login credentials with any third party or allow any third party to access or use your account.
• We reserve the right to suspend or terminate your account at any time if we reasonably believe that your account information is inaccurate, fraudulent, or that you have violated these Terms.

You acknowledge that Cafe Rio shall not be liable for any loss or damage arising from your failure to protect your account credentials or from any unauthorized access to your account resulting from your own negligence.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and our services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Site for any unlawful purpose or in violation of any local, state, national, or international law or regulation.
• Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site.
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Cafe Rio or users of the Site.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Collecting or harvesting any personally identifiable information from the Site, including account names or email addresses.
• Using the Site for any commercial solicitation purposes without prior written consent from Cafe Rio.
• Posting, transmitting, or distributing any content that is defamatory, obscene, abusive, offensive, harassing, threatening, or otherwise objectionable.

4.2 Technical Prohibited Conduct

• Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Site.
• Using any automated tools, bots, scrapers, or data mining technologies to access the Site or collect data from the Site without our express written permission.
• Circumventing, disabling, or otherwise interfering with security-related features of the Site.
• Placing fraudulent orders, using stolen payment methods, or engaging in chargebacks in bad faith.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including reporting such conduct to law enforcement authorities. Violation of these prohibitions may result in immediate termination of your account and access to the Site.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase the food items or services described in your order. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to unavailability of menu items, errors in pricing or product descriptions, or suspected fraudulent transactions.

5.2 Pricing and Taxes

All prices displayed on the Site are in U.S. Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, service fees, or delivery charges, which will be calculated and displayed at checkout. You are responsible for all applicable taxes associated with your order under federal and state law.

5.3 Payment Processing

We accept various forms of payment as indicated on the Site, including major credit cards, debit cards, and potentially digital payment methods. By providing payment information, you represent and warrant that:

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

Payment processing is handled by third-party payment processors. Cafe Rio does not store full payment card information on its servers. Please review our Privacy Policy for more information on how payment data is handled.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you experience an issue with your order, such as an incorrect item, missing item, or quality concern, please contact us within a reasonable time after receipt of your order at [email protected]. We will evaluate such claims on a case-by-case basis and may, at our discretion, issue a refund, credit, or replacement. Refund decisions are final.

6. Food Allergen and Dietary Information

Cafe Rio makes reasonable efforts to provide accurate allergen and nutritional information for our menu items. However, our food is prepared in a shared kitchen environment where cross-contact with common allergens, including but not limited to gluten, tree nuts, peanuts, dairy, eggs, soy, shellfish, and fish, may occur. We cannot guarantee that any menu item is completely free from allergens or cross-contamination.

Customers with food allergies, intolerances, or dietary restrictions are strongly encouraged to contact us directly before placing an order. Cafe Rio shall not be held liable for any adverse reactions resulting from allergen exposure where reasonable disclosure has been made.

7. Intellectual Property Rights

7.1 Ownership

The Site and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and arrangement thereof — are owned by Cafe Rio, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited License

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

• Modify or copy the materials on the Site.
• Use the materials for any commercial purpose or for any public display.
• Remove any copyright, trademark, or other proprietary notices from the materials.
• Transfer the materials to another person or "mirror" the materials on any other server.

7.3 Trademarks

The Cafe Rio name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cafe Rio or its affiliates or licensors. You must not use such marks without the prior written permission of Cafe Rio. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

7.4 User-Submitted Content

If you submit, upload, post, or otherwise make available any content, feedback, reviews, photographs, or other materials to the Site ("User Content"), you grant Cafe Rio a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant the foregoing license, and that your User Content does not violate any third party's rights or any applicable law.

8. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or platforms, including delivery partners, payment processors, and social media platforms. These links are provided for your convenience only. Cafe Rio has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your interactions with third-party websites are governed solely by those parties' own terms and privacy policies.

The inclusion of any link does not imply endorsement, approval, or control by Cafe Rio of the linked site. We encourage you to review the terms and privacy policies of any third-party sites you visit.

9. Disclaimers and "As-Is" Basis

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

• Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• Any warranties arising out of course of dealing, course of performance, or usage of trade.
• Any warranties that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Any warranties regarding the accuracy, reliability, completeness, or timeliness of any content or information on the Site.

Some states do not allow the exclusion of certain warranties, so the above exclusions may not apply to you in their entirety. In such states, our liability shall be limited to the greatest extent permitted by applicable state law.

Cafe Rio does not warrant that: (a) the Site will meet your requirements; (b) the Site will be available at any particular time or location; (c) any errors or defects will be corrected; or (d) the Site is free of viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAFE RIO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities.
• Loss of data or information.
• Business interruption or loss of goodwill.
• Personal injury or property damage not caused by our gross negligence.
• Damages resulting from unauthorized access to or use of our servers and/or any personal information stored therein.
• Damages resulting from your reliance on any content or information obtained through the Site.

IN ANY EVENT, CAFE RIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The foregoing limitations of liability shall apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Cafe Rio has been advised of the possibility of such damage.

Certain states may not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio, its affiliates, licensors, and service providers, and their respective 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 of Service.
• Your use or misuse of the Site or any services offered through the Site.
• Your violation of any applicable federal, state, or local law or regulation.
• Your violation of any third-party rights, including without limitation any intellectual property, property, privacy, or contractual rights.
• Any User Content you submit, post, or transmit through the Site.
• Any fraudulent, deceptive, or misleading conduct by you in connection with the Site or our 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 with our defense of these claims. You agree not to settle any such matter without the prior written consent of Cafe Rio.

12. Governing Law and Jurisdiction

These Terms of Service 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 Cafe Rio is registered and operates, without regard to its conflict of law provisions.

These Terms are subject to and comply with all applicable federal laws, including the Federal Trade Commission Act (FTC Act), which governs unfair or deceptive acts and practices in commerce. Where you are a California resident, your rights may be supplemented by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) as applicable.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal or state courts located within the United States, in the jurisdiction corresponding to Cafe Rio's principal place of business. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal action, you agree to first contact Cafe Rio at [email protected] and provide a written description of the dispute, your name, contact information, and proposed resolution. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your written notice. If the dispute is not resolved within that period, either party may pursue formal dispute resolution as described below.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place in the state in which Cafe Rio maintains its principal place of business, unless otherwise agreed by the parties.

13.3 Class Action Waiver

YOU AND CAFE RIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, 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 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Nothing in this section shall prevent either party from seeking relief in small claims court for disputes or claims within the scope of that court's jurisdiction.

14. Term and Termination

14.1 Duration

These Terms of Service are effective as of the date you first access or use the Site and shall remain in full force and effect for as long as you continue to use the Site or maintain an account with us, unless earlier terminated in accordance with these Terms.

14.2 Termination by You

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Site will immediately cease.

14.3 Termination by Cafe Rio

We reserve the right to suspend or terminate your access to the Site and any associated services, with or without notice, at our sole discretion, for any reason, including but not limited to:

• Violation of these Terms of Service.
• Conduct that we believe is harmful to other users, third parties, or our business interests.
• Fraudulent, deceptive, or illegal activity.
• Failure to pay any amounts owed to us.
• Technical, security, or legal reasons.

14.4 Effect of Termination

Upon termination for any reason, all rights and licenses granted to you under these Terms will immediately terminate. Any provisions of these Terms that by their nature should survive termination shall survive, including without limitation provisions relating to intellectual property, disclaimers, indemnification, limitations of liability, governing law, and dispute resolution.

15. Changes to These Terms

Cafe Rio reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may provide additional notice, such as a prominent notice on the Site or an email to the address associated with your account.

Your continued use of the Site after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Site immediately. It is your responsibility to review these Terms periodically for any updates or changes.

We will provide at least thirty (30) days' notice before any material changes become effective, where technically and legally feasible.

16. Privacy Policy

Your use of the Site 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. By using the Site, you consent to the data practices described in our Privacy Policy.

To the extent you are a California resident, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are described in our Privacy Policy. These rights may include the right to know, delete, correct, and opt-out of the sale or sharing of your personal information.

17. Electronic Communications

By using the Site or communicating with us electronically, you consent to receive communications from Cafe Rio electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you have provided your mobile phone number and opted into SMS communications, you consent to receive text messages from Cafe Rio. You may opt out of SMS communications at any time by replying "STOP" to any text message or by contacting us at [email protected]. Standard message and data rates may apply.

18. Force Majeure

Cafe Rio shall not be held liable for any failure or delay in performance of its obligations under these Terms where such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, acts of government, war, terrorism, civil unrest, power outages, internet disruptions, labor disputes, or any other force majeure event. In such circumstances, our obligations shall be suspended for the duration of the force majeure event, and we will make commercially reasonable efforts to resume performance as soon as practicable.

19. Entire Agreement

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

20. Severability

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

In the event that any provision is found to be unenforceable, the parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

21. Waiver

No failure or delay by Cafe Rio in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude the further exercise of that or any other right, power, or remedy. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

22. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Cafe Rio. Any purported assignment in violation of this section shall be null and void. Cafe Rio may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

23. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation of these Terms, please do not hesitate to contact us using the information below:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters, including reports of potential legal violations or security concerns, please clearly indicate the urgency in the subject line of your email.

These Terms of Service were last updated on April 9, 2026 and are effective as of that date.