Terms of Service

Effective Date: April 3, 2026  |  Last Updated: April 3, 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"), the operator of the website located at rioscafes.click (the "Website"). By accessing, browsing, or otherwise using this Website, placing an order, or engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are accessing or using our Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such a case, "you" and "your" shall refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use this Website.

Your continued use of the Website following any modifications to these Terms shall constitute your acceptance of such changes. We reserve the right to update, modify, or replace any part of these Terms at our sole discretion at any time. It is your responsibility to review these Terms periodically.

These Terms are governed by the laws of the United States and applicable state laws. Users located in the State of California may have additional rights under California consumer protection statutes, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and these rights are addressed in our Privacy Policy.

2. Description of Services

Cafe Rio operates as a food service establishment offering a variety of food and beverage products, including but not limited to freshly prepared meals, specialty drinks, baked goods, catering services, and related food and hospitality offerings. Our Website serves as a digital platform through which customers may:

• Browse our menu and food offerings;
• Place online orders for pickup or delivery;
• Make reservations or schedule catering services;
• Access information about our locations, hours of operation, and special promotions;
• Sign up for loyalty programs, newsletters, and promotional communications;
• Provide feedback, reviews, and contact our customer service team;
• Purchase gift cards or vouchers;
• Access nutritional and allergen information regarding our products.

Cafe Rio reserves the right to modify, suspend, discontinue, or restrict access to any aspect of our services at any time, without prior notice and without liability to you. We do not guarantee that the Website or any service, content, or feature will always be available, uninterrupted, timely, secure, or error-free.

All food and beverage products displayed on our Website are subject to availability. We reserve the right to limit quantities, discontinue items, or substitute ingredients as necessary. Menu items, pricing, and availability may vary by location. Images of food products displayed on the Website are for illustrative purposes only and may not exactly represent the final product as served.

3. Eligibility and User Accounts

To access certain features of the Website, including placing online orders or signing up for our loyalty program, you may be required to create a user account. By creating an account, you represent and warrant that:

• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or guardian consent;
• All information you provide during registration is accurate, current, and complete;
• You will maintain and promptly update your account information to keep it accurate and complete;
• You are legally capable of entering into binding contracts under applicable law;
• You are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach. Cafe Rio shall not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, including in cases where we believe a user has violated these Terms.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to comply with all applicable local, state, and federal laws and regulations, including those of the United States of America. You further agree to use the Website only for lawful purposes and in a manner consistent with these Terms.

4.1 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities:

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, reviews, complaints, or information of any kind;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, servers, systems, or networks connected to the Website;
• Malicious Activity: Uploading, transmitting, or distributing any virus, malware, spyware, or any other harmful code or software;
• Data Scraping: Using automated tools, bots, crawlers, or scrapers to collect data or content from the Website without express written permission;
• Spam and Unsolicited Communications: Using the Website to send unsolicited promotional messages or communications;
• Interference: Interfering with or disrupting the integrity, security, or performance of the Website or its related systems;
• Impersonation: Impersonating any person or entity, including any Cafe Rio employee, representative, or other user;
• Illegal Content: Posting, uploading, or sharing any content that is defamatory, obscene, harassing, threatening, discriminatory, or otherwise unlawful;
• Intellectual Property Infringement: Reproducing, distributing, modifying, or creating derivative works from our content without prior written authorization;
• Commercial Exploitation: Using our Website or services for unauthorized commercial purposes, including reselling our products without permission;
• Circumvention: Attempting to bypass, disable, or circumvent any security feature, access control mechanism, or technical restriction on the Website;
• Abusive Ordering: Placing orders with no intent to pay, submitting chargebacks in bad faith, or exploiting promotional offers dishonestly.

Any violation of the above prohibitions may result in immediate suspension or termination of your access to our services, and may subject you to civil and/or criminal liability under applicable United States federal and state laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Electronic Communications Privacy Act (18 U.S.C. §§ 2510–2523).

5. Intellectual Property Rights

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

The Cafe Rio name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Cafe Rio. You may not use any of these marks without our prior written permission. All other trademarks, service marks, and trade names referenced on the Website 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 the Website solely for your personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Collection or use of product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Downloading or copying account information for the benefit of another merchant or business;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Content terminates this license immediately. We reserve all rights not expressly granted in these Terms.

6. Online Orders, Payment Terms, and Refund Policy

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase products from Cafe Rio. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspected fraudulent activity.

6.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, or other charges, which will be disclosed at checkout. We are not responsible for pricing errors; however, if an error is discovered after an order is placed, we will notify you and provide you with the option to confirm your order at the correct price or cancel it for a full refund.

6.3 Payment

We accept major credit cards, debit cards, and other payment methods as indicated during checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete. All payments are processed securely through third-party payment processors, and Cafe Rio does not store full credit card numbers on its servers.

6.4 Refunds and Cancellations

If you are unsatisfied with your order, please contact us at [email protected] as soon as possible. Refund eligibility will be assessed on a case-by-case basis in accordance with applicable consumer protection laws, including the Federal Trade Commission (FTC) regulations and applicable state consumer protection statutes. Food items are generally non-refundable once prepared; however, exceptions may be made in cases of incorrect orders, quality issues, or other circumstances at our discretion.

7. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Cafe Rio. These links are provided solely for your convenience and informational purposes. We do not endorse, control, or assume responsibility for the content, privacy policies, practices, or terms of any third-party websites or services.

Your interactions with third-party websites and services are governed by the terms and privacy policies of those third parties. We strongly encourage you to review the terms and privacy policies of any third-party website you visit. Cafe Rio shall not be responsible or liable for any damage, loss, or harm arising from your use of any third-party website or service.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Cafe Rio makes no representations or warranties, express or implied, regarding:

• The accuracy, completeness, reliability, timeliness, or quality of any content on the Website;
• The availability or uninterrupted operation of the Website or its features;
• The absence of viruses, errors, or other harmful components in the Website;
• The results that may be obtained from using the Website or our services;
• The accuracy of nutritional, allergen, or ingredient information provided, which is subject to change and may vary by location and preparation methods;
• Whether the Website will meet your specific requirements or expectations.

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

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Website or our services;
• Any unauthorized access to or alteration of your account or data;
• Any errors, mistakes, or inaccuracies in the content on the Website;
• Any interruption or cessation of the Website or services;
• Any bugs, viruses, or other harmful code transmitted through the Website;
• Any products or services purchased or obtained through the Website;
• Any third-party conduct or content on the Website.

IN NO EVENT SHALL CAFE RIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some states, including New Jersey and Massachusetts, do not allow limitations on implied warranties or exclusion of liability for incidental or consequential damages; therefore, the above limitations may not apply to residents of such states.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its officers, directors, shareholders, employees, agents, contractors, licensors, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or related to:

• Your use of or access to the Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable local, state, or federal law or regulation;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or publicity rights;
• Any content you submit, post, or transmit through the Website;
• Any fraudulent, misleading, or unauthorized use of your account.

Cafe Rio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with Cafe Rio in asserting any available defenses.

11. 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 state laws of the state in which Cafe Rio is registered and operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the federal or state courts located within the applicable jurisdiction of Cafe Rio's principal place of business. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to such jurisdiction or venue.

Notwithstanding the foregoing, Cafe Rio reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or prevent irreparable harm.

For users located in the State of California, additional rights may apply under California law, including but not limited to the California Consumer Privacy Act (CCPA/CPRA), the California Unfair Business Practices Act (Business and Professions Code §§ 17200 et seq.), and the Consumer Legal Remedies Act (California Civil Code §§ 1750 et seq.). These rights are detailed in our Privacy Policy.

12. Dispute Resolution

12.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our services, you agree to first contact Cafe Rio at [email protected] and attempt to resolve the dispute informally. We will make reasonable efforts to address your concerns within thirty (30) days of receiving your written notice. If the dispute cannot be resolved through informal means within this period, either party may pursue the formal dispute resolution procedures described below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes relating to Cafe Rio's intellectual property rights or claims for injunctive relief, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CAFE RIO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. Unless both you and Cafe Rio agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or other proprietary rights. Nothing in this arbitration provision shall be construed to prevent either party from seeking such emergency relief in a court of law.

13. Term and Termination

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

• Suspend or terminate your access to the Website or services, with or without notice, for any reason;
• Delete your user account and any associated data in accordance with our Privacy Policy;
• Refuse service to any individual or entity for any reason not prohibited by applicable law;
• Discontinue, modify, or restrict any aspect of the Website or services at any time.

Upon termination of your account or access, your right to use the Website and services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, indemnification obligations, limitation of liability, dispute resolution provisions, and governing law.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations that accrued prior to the termination date, including any outstanding payment obligations.

14. Changes to Terms

Cafe Rio reserves the right to revise, amend, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where required by applicable law, provide you with additional notice (such as by email or by prominently posting a notice on the Website).

We encourage you to review these Terms periodically to stay informed about any changes. Your continued use of the Website or services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must immediately discontinue your use of the Website and services.

Notwithstanding the foregoing, material changes to these Terms that adversely affect your rights will be communicated to registered users via email at least fourteen (14) days before they take effect, where technically feasible and required by applicable law.

15. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent and economic effect of the original provision.

The failure of Cafe Rio to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver by Cafe Rio of any breach or default under these Terms shall not be deemed a waiver of any subsequent breach or default.

16. Entire Agreement

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

In the event of any conflict between these Terms and any other agreement you may have with Cafe Rio (such as a separate catering or business services agreement), the terms of the more specific agreement shall control with respect to its subject matter.

17. Electronic Communications

By using the Website or communicating with us by electronic means, you consent to receiving communications from Cafe Rio electronically, including but not limited to emails, in-app notifications, and website postings. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permissible under applicable law.

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

18. Accessibility

Cafe Rio is committed to ensuring that our Website is accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, and relevant provisions of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing our Website or require any accommodation, please contact us at [email protected] and we will make reasonable efforts to assist you.

19. 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 we become aware that we have inadvertently collected personal information from a child under 13 without verifiable parental consent, we will take steps to delete such information as soon as possible. If you believe that we may have inadvertently collected information from a child under 13, please contact us immediately at [email protected].

For users between the ages of 13 and 17, use of the Website is permitted only with the consent and involvement of a parent or legal guardian, and the parent or guardian agrees to be bound by these Terms on behalf of the minor.

20. Force Majeure

Cafe Rio shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, war, terrorism, civil unrest, governmental action or regulation, labor disputes, power outages, internet service disruptions, or any other event that could not have been foreseen or prevented by reasonable precaution ("Force Majeure Event").

In the event of a Force Majeure Event, Cafe Rio will notify you as soon as reasonably practicable and will make reasonable efforts to resume performance as soon as the Force Majeure Event has subsided.

21. 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 contact us using the information below:

We will make every reasonable effort to respond to your inquiry within a reasonable timeframe. For matters requiring urgent attention, such as suspected security breaches or unauthorized account activity, please indicate the urgency in the subject line of your email.