Terms of Service

Effective Date: April 15, 2026  |  Last Updated: April 15, 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 cafexrio.top (the "Website"), as well as any related services, products, online ordering systems, mobile features, and any other services offered by Cafe Rio (collectively, the "Services").

By visiting our Website, creating an account, placing an order, subscribing to any newsletter or promotional communications, or otherwise interacting with our Services in any way, you affirm that:

• You are at least 18 years of age, or if you are between the ages of 13 and 18, you have obtained the consent of a parent or legal guardian;
• You have the legal capacity to enter into a binding contract under the laws of the United States;
• You are not prohibited from receiving or using our Services under applicable law;
• You have read, understood, and agree to comply with these Terms in their entirety.

These Terms incorporate by reference our Privacy Policy, which is available on our Website and governs how we collect, use, and protect your personal information. If there is any conflict between these Terms and the Privacy Policy regarding privacy-related matters, the Privacy Policy shall govern.

2. Description of Services

Cafe Rio is a food service business operating in the United States. We provide a range of food and beverage-related products and services, which may include, but are not limited to:

• Dine-In Services: In-restaurant dining experiences at our physical location(s), including full-service or counter-service dining, subject to availability and operating hours;
• Online Ordering: The ability to browse our menu, customize orders, and place food and beverage orders through our Website for pickup or delivery;
• Takeout and Delivery: Preparation and fulfillment of food orders for off-premises consumption, whether handled directly by Cafe Rio or in partnership with third-party delivery platforms;
• Catering Services: Food preparation and service for events, gatherings, and group orders, subject to separate agreements and availability;
• Loyalty and Rewards Programs: Optional customer programs that allow users to earn points, rewards, or discounts based on qualifying purchases, subject to separate program terms;
• Digital Communications: Email newsletters, promotional offers, updates, and other communications delivered electronically to users who have opted in;
• Gift Cards and Vouchers: Digital or physical gift cards and promotional vouchers, subject to any terms printed thereon or communicated at the time of issuance.

We reserve the right to modify, expand, reduce, or discontinue any aspect of our Services at any time, with or without prior notice, at our sole discretion. We do not guarantee that any particular menu item, service, or feature will be available at all times or in all locations.

3. Eligibility and User Accounts

To access certain features of our Website or Services, you may be required to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information as requested during registration;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the confidentiality and security of your account credentials, including your password;
• Accept responsibility for all activities that occur under your account, whether authorized by you or not;
• Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account.

We reserve the right to suspend, disable, or terminate any user account at our sole discretion, including without limitation if we believe that you have violated these Terms, provided false information, or engaged in conduct that is harmful to us, other users, or third parties.

4. User Obligations and Prohibited Activities

By using our Website and Services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You further agree to use our Services only in accordance with these Terms.

4.1 General User Obligations

You agree to:

• Provide truthful, accurate, and complete information when placing orders, creating accounts, or interacting with our Services;
• Pay all charges incurred through your account in a timely manner;
• Comply with all applicable food safety guidelines and health advisories when handling food products received from us;
• Treat our employees, agents, and representatives with respect and courtesy;
• Use our Website and digital tools in good faith and for their intended purposes.

4.2 Prohibited Activities

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

• Using our Website or Services for any unlawful, fraudulent, or malicious purpose;
• Submitting false, misleading, or fraudulent orders, claims, or refund requests;
• Attempting to gain unauthorized access to any portion of our Website, servers, databases, or computer systems;
• Interfering with or disrupting the integrity, performance, or security of our Website or Services;
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful software through our Website;
• Scraping, harvesting, or collecting data from our Website without our prior written consent;
• Using automated tools such as bots, spiders, or crawlers to access or interact with our Website;
• Impersonating any person or entity, or falsely misrepresenting your affiliation with any person or entity;
• Engaging in any conduct that restricts or inhibits any other user's ability to use or enjoy our Services;
• Using our Website to send unsolicited commercial communications (spam);
• Posting or transmitting any content that is defamatory, obscene, abusive, threatening, or otherwise objectionable;
• Infringing upon or violating the intellectual property rights of Cafe Rio or any third party;
• Attempting to circumvent any security measures, access controls, or authentication systems implemented on our Website;
• Reselling, sublicensing, or commercially exploiting our Services without our express written authorization.

Violation of these prohibitions may result in immediate termination of your account and access to our Services, and may expose you to civil or criminal liability under applicable law.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Website or in person, you are making an offer to purchase the selected items at the stated price. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion, including orders that we believe to be fraudulent, placed in error, or otherwise in violation of these Terms.

Once an order has been confirmed, you may not cancel or modify it except as permitted by our cancellation policy as communicated at the time of ordering. Food items are prepared upon order confirmation, and cancellations may not be possible after preparation has begun.

5.2 Pricing

All prices displayed on our Website or menu are in United States Dollars (USD) and are subject to applicable sales taxes and fees. We reserve the right to change prices at any time without prior notice. Prices displayed at the time of order placement will apply to that specific order. We strive to ensure pricing accuracy but are not responsible for typographical or display errors. In the event of a pricing error, we will contact you and offer the option to proceed at the correct price or cancel your order.

5.3 Payment Methods

We accept various payment methods as indicated on our Website or at the point of sale. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information is accurate and complete;
• You will pay all charges incurred at the prices in effect at the time of your order.

We use industry-standard encryption and secure payment processing methods to protect your financial information. We do not store complete credit or debit card numbers on our servers.

5.4 Taxes and Fees

You are responsible for all applicable taxes, service fees, delivery fees, and any other charges associated with your order. Applicable sales tax will be calculated based on the order total and your location, in accordance with applicable state and local tax laws.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order is confirmed and preparation has commenced. If you receive an incorrect, incomplete, or significantly compromised order, please contact us immediately at [email protected]. We will review your concern and, at our sole discretion, may offer a replacement, store credit, or refund where appropriate.

6. Intellectual Property Rights

6.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software, menu designs, and the compilation thereof (collectively, "Content"), is the exclusive property of Cafe Rio or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and trade dress law.

6.2 Trademarks

The Cafe Rio name, logo, taglines, 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 these marks without our prior written consent. All other trademarks, service marks, and trade names referenced on this Website are the property of their respective owners.

6.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Content solely for personal, non-commercial purposes in connection with your use of our Services. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Website or its 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.

6.4 User-Submitted Content

If you submit, post, or otherwise transmit any content to us, including reviews, comments, photographs, or feedback ("User Content"), you grant Cafe Rio a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe the rights of any third party.

7. Third-Party Services and Links

Our Website may contain links to third-party websites, services, or platforms, including delivery service providers, payment processors, and social media platforms. These third-party services are governed by their own terms of service and privacy policies, and we encourage you to review them. We do not control, endorse, or assume any responsibility or liability for the content, privacy practices, or actions of any third-party services. Your use of third-party services is at your own risk.

8. Food Allergen and Dietary Information

Cafe Rio makes reasonable efforts to provide accurate information regarding ingredients, allergens, and nutritional content of its menu items. However, we cannot guarantee that our menu items are completely free from any specific allergen, as our kitchen may handle multiple allergens and cross-contamination may occur. It is your responsibility to notify our staff of any food allergies or dietary restrictions before placing your order. We are not liable for any allergic reactions or adverse health effects arising from consumption of our food products where you have failed to disclose known allergies or dietary requirements.

9. Disclaimers — Services Provided "As Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CAFE RIO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Cafe Rio does not warrant or represent that:

• The Website or Services will be uninterrupted, error-free, or free of viruses or other harmful components;
• The results obtained from using the Website or Services will be accurate or reliable;
• The quality of any products, services, information, or other material obtained through the Website will meet your expectations;
• Any errors in the Website will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the maximum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO CAFE RIO IN THE TWELVE (12) 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. Some jurisdictions do not allow the limitation of certain damages, so some or all of the above limitations may not apply to you, and you may have additional rights.

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, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of our Website or Services, including any data or content you transmit or receive;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or publicity rights;
• Any User Content you submit, post, or transmit through our Services;
• Any negligent or wrongful conduct by you in connection with your use of our Services.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and in such event, you agree to cooperate with our defense of such claim. You agree not to settle any such matter without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state applicable to the principal business location of Cafe Rio, without giving effect to any choice of law or conflict of law provisions. To the extent applicable, these Terms shall also be interpreted consistently with the requirements of the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and any applicable state consumer protection laws.

For users located in California, these Terms shall additionally be interpreted in accordance with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as applicable, with respect to your rights regarding personal information.

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 hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact Cafe Rio at [email protected] and attempt to resolve the dispute informally. We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving notice. If the dispute is not resolved within that period, either party may pursue formal dispute resolution as set forth below.

13.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING THE VALIDITY, INVALIDITY, BREACH, OR TERMINATION THEREOF, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES THEN IN EFFECT. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND CAFE RIO EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and Cafe Rio each waive any right to a jury trial and any right to participate in a class action lawsuit or class-wide arbitration.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Additionally, claims relating to intellectual property infringement may be brought in court without first proceeding through arbitration.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or Services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to the Website or Services at any time, with or without cause, and with or without notice;
• Delete your account and any associated data, subject to applicable data retention obligations under law;
• Block your IP address or take other technical measures to prevent continued access to our Website.

You may terminate your account at any time by contacting us at [email protected] with a request to close your account. Upon termination, your license to use the Website and Services will immediately cease.

Sections of these Terms that by their nature should survive termination shall survive, including without limitation Sections 6 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution).

15. Changes to These Terms

We reserve the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make material changes, we will notify you by:

• Posting the updated Terms on our Website with a new "Last Updated" date;
• Sending an email notification to the address associated with your account (if applicable); and/or
• Displaying a prominent notice on our Website or within our Services.

Your continued use of our Website or Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of our Website and Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or unenforceable under applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties to the greatest extent possible.

17. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any breach or default under these Terms shall not constitute a waiver of any subsequent breach or default. Any waiver by Cafe Rio must be in writing and signed by an authorized representative to be effective.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies posted on our Website, constitute the entire agreement between you and Cafe Rio with respect to the subject matter herein and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating to such subject matter. In the event of any conflict between these Terms and any other agreement you may have entered into with Cafe Rio, these Terms shall prevail unless the other agreement expressly states otherwise.

19. Force Majeure

Cafe Rio shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, power outages, internet failures, or supply chain disruptions. In such circumstances, we will make reasonable efforts to notify affected users and resume normal operations as soon as practicable.

20. Electronic Communications and Consent

By using our Website or creating an account, you consent to receiving electronic communications from us, including emails, push notifications, and in-app messages, as described in our Privacy Policy. You agree that any agreements, notices, disclosures, or other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions in any such communication or by contacting us directly. Please note that even after opting out of promotional communications, we may still send you transactional or service-related messages.

21. Children's Privacy

Our Website and Services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13 years of age. If you are a parent or guardian and believe that your child has provided us with personal information without your consent, please contact us immediately at [email protected] so that we may take appropriate action to delete such information in accordance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

22. Accessibility

Cafe Rio is committed to ensuring digital accessibility for individuals with disabilities. We continually improve the user experience for everyone and apply relevant accessibility standards. If you experience any difficulty accessing or using our Website, please contact us so that we may assist you and address any accessibility concerns.

23. Contact Information

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

We will make every effort to respond to your inquiry within a reasonable timeframe, typically within five (5) to ten (10) business days.

Terms of Service — Cafe Rio © 2026. All rights reserved.