Terms of Service

Effective Date: May 28, 2026  |  Last Updated: May 28, 2026

1. Acceptance of Terms

Welcome to Dave's Hot Chicken (hereinafter referred to as "the Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Dave's Hot Chicken, governing your access to and use of the website located at cafe-daveshotchicken.click (the "Website"), as well as all related services, content, features, and functionality offered by the Company (collectively, the "Services").

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

• You are at least eighteen (18) years of age or have the legal capacity to enter into a binding contract under applicable law;
• You have read, understood, and agree to be bound by these Terms;
• You have read and agree to our Privacy Policy, which is incorporated herein by reference;
• You are accessing the Services for lawful purposes only.

If you are using the Services 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 all references to "you" shall refer to such entity.

2. Description of Services

Dave's Hot Chicken operates as a food service business in the United States, offering customers access to menu items, online ordering, reservation inquiries, promotional offers, loyalty programs, and general information about our restaurant operations through our Website and related digital channels.

Our Services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through the Website or third-party integrated platforms.
• Menu and Nutritional Information: We provide current menu listings, ingredients, allergen information, and nutritional data to the best of our ability. However, menu items are subject to change without notice.
• Promotional Offers and Loyalty Programs: Registered users may receive promotional emails, discount codes, and loyalty reward information.
• Customer Support: We provide customer service assistance via email and other available communication channels.
• Third-Party Delivery Integration: We may facilitate delivery services through partnerships with third-party logistics providers. These providers are governed by their own terms and conditions.
• Catering Services: Inquiries and bookings for catering orders may be submitted through our Website.

We reserve the right to modify, suspend, discontinue, or update any aspect of our Services at any time, with or without notice. We 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 Obligations

As a condition of accessing and using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately if you suspect unauthorized access;
• Use the Website and Services only for lawful purposes consistent with these Terms and applicable local, state, and federal laws;
• Comply with all applicable United States laws, including but not limited to the Computer Fraud and Abuse Act (CFAA), the California Consumer Privacy Act (CCPA/CPRA) where applicable, the Federal Trade Commission Act (FTC Act), and all relevant food safety and consumer protection regulations;
• Respect the intellectual property rights of the Company and third parties;
• Promptly update your account information to keep it accurate and current.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website or Services for any illegal, fraudulent, or unauthorized purpose;
• Submitting false, misleading, or deceptive information in any order, form, or communication;
• Attempting to gain unauthorized access to our systems, servers, databases, or networks;
• Reverse engineering, decompiling, disassembling, or attempting to derive source code from any portion of the Website;
• Uploading, transmitting, or distributing viruses, malware, spyware, ransomware, or any other malicious code;
• Engaging in scraping, crawling, or harvesting data from the Website without prior written consent;
• Using automated tools, bots, or scripts to interact with the Website in a manner that disrupts normal operations;
• Impersonating any person, entity, or representative of Dave's Hot Chicken;
• Posting or transmitting content that is defamatory, obscene, hateful, threatening, or otherwise objectionable;
• Violating the privacy rights of any individual, including collecting or sharing personal information without consent;
• Circumventing, disabling, or otherwise interfering with security-related features of the Website;
• Placing fraudulent orders, chargebacks without legitimate dispute, or otherwise abusing payment systems;
• Reselling, sublicensing, or commercially exploiting any aspect of our Services without express written authorization.

Violation of any of the above may result in immediate termination of your account and access to Services, and may expose you to civil and/or criminal liability under applicable United States law.

4. Account Registration and Security

Certain features of our Website, including online ordering and loyalty programs, may require you to create an account. When registering, you agree to provide truthful, accurate, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to notify Dave's Hot Chicken immediately at [email protected] if you become aware of any unauthorized use of your account or any other security breach. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, particularly where we suspect fraudulent, abusive, or unlawful activity.

5. Intellectual Property Rights

5.1 Ownership

All content on the Website, including but not limited to text, graphics, photographs, logos, icons, audio clips, video, data compilations, software, and the overall design and layout (collectively, "Content"), is the exclusive property of Dave's Hot Chicken or its licensors and is protected under United States copyright law (17 U.S.C. § 101 et seq.), trademark law (15 U.S.C. § 1051 et seq.), and other applicable intellectual property laws.

5.2 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes only. This license does not include any right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content;
• Use Content for commercial purposes without prior written consent;
• Remove or alter any proprietary notices or labels on any Content;
• Mirror or frame any portion of the Website on any other website.

5.3 Trademarks

The name "Dave's Hot Chicken," our logos, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of Dave's Hot Chicken or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

5.4 User-Submitted Content

If you submit any content to us, including reviews, feedback, photographs, comments, or suggestions ("User Content"), you grant Dave's Hot Chicken a perpetual, irrevocable, worldwide, royalty-free, sublicensable 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 the User Content does not violate any third-party rights.

6. Online Ordering and Payment Terms

6.1 Order Placement

When you place an order through our Website, you represent that the information you provide is accurate and complete. All orders are subject to availability and confirmation. We reserve the right to refuse or cancel any order for any reason, including but not limited to errors in pricing or product descriptions, suspected fraud, or unavailability of items.

6.2 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, delivery fees, or service charges unless expressly stated. Any applicable taxes will be calculated and displayed at checkout in accordance with applicable state and local tax laws.

6.3 Payment Processing

Payments are processed through secure third-party payment processors. By providing payment information, you authorize us to charge the applicable amount to your designated payment method. We do not store your full payment card details on our servers. You agree to be bound by the terms of your payment processor as applicable.

6.4 Refund and Cancellation Policy

Refund and cancellation requests are evaluated on a case-by-case basis. Due to the perishable nature of food products, we generally do not accept returns. If you are dissatisfied with your order, please contact us at [email protected] within twenty-four (24) hours of receiving your order. Approved refunds will be credited to your original payment method within five (5) to ten (10) business days.

6.5 Chargebacks

If you initiate a chargeback or dispute with your financial institution for a legitimate purchase, we reserve the right to suspend or terminate your account pending resolution of the dispute. Fraudulent chargebacks may result in permanent account termination and may be reported to appropriate authorities.

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 Dave's Hot Chicken. These include, but are not limited to, delivery platforms, payment processors, social media platforms, and mapping services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policy of every third-party site or service you visit. Your interactions with third-party services are solely between you and that third party. Dave's Hot Chicken expressly disclaims any liability for any harm or damages arising from your use of third-party services.

8. Food Allergen and Dietary Information Disclaimer

Dave's Hot Chicken makes reasonable efforts to provide accurate allergen and nutritional information. However, our food is prepared in kitchens that handle common allergens including but not limited to wheat, gluten, dairy, eggs, nuts, soy, shellfish, and other potential allergens. Cross-contamination may occur during food preparation.

9. Disclaimers — "As-Is" Basis

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE UNITED STATES LAW, DAVE'S HOT CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES RELATING TO THE QUALITY, SAFETY, OR LEGALITY OF FOOD PRODUCTS ORDERED THROUGH THIRD-PARTY DELIVERY PLATFORMS.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, 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 DAVE'S HOT CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES.

IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS OR RELATING TO OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THIS LIMITATION OF LIABILITY REFLECTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DAVE'S HOT CHICKEN. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken, its 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;
• Your use of the Website or Services in a manner not authorized by these Terms;
• Your violation of any applicable local, state, national, or international law or regulation;
• Your infringement of the intellectual property rights or other rights of any third party;
• Any User Content you submit, post, or transmit through the Website;
• Any fraudulent, negligent, or willful misconduct on your part.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any claim without our prior written consent.

12. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on the Website, describes how we collect, use, and share information about you when you use our Services. By using our Services, you acknowledge and agree to the practices described in our Privacy Policy, which is incorporated into these Terms by reference.

To the extent applicable to you, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and the Federal Trade Commission Act (FTC Act), along with other applicable United States federal and state privacy laws.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Dave's Hot Chicken is registered and operates, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue in such courts.

These Terms shall also be interpreted in accordance with applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Electronic Communications Privacy Act, the Children's Online Privacy Protection Act (COPPA), and other applicable consumer protection statutes.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact Dave's Hot Chicken by email at [email protected] and attempt to resolve any dispute informally. We will attempt to resolve the dispute within thirty (30) days of receiving your notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution.

14.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR THE USE OF THE SERVICES, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. The arbitration shall be conducted under the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules, as amended, which are incorporated herein by reference. 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. You understand that, absent this provision, you would have the right to sue in court and have a jury trial.

14.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Dave's Hot Chicken agree otherwise in writing, 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.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights.

15. Term and Termination

15.1 Term

These Terms are effective as of the date you first access or use the Website or Services and shall remain in full force and effect until terminated by either party.

15.2 Termination by You

You may terminate these Terms at any time by discontinuing use of the Website and Services and, if applicable, deleting your account. Termination of your account does not relieve you of any obligations or liabilities incurred prior to termination.

15.3 Termination by Us

We may suspend or terminate your access to the Website and Services at any time, with or without cause and with or without notice, including but not limited to cases where:

• You breach any provision of these Terms;
• We are required to do so by law;
• We discontinue or significantly modify the Services;
• You engage in conduct that we determine, in our sole discretion, is harmful to other users, third parties, or our business interests.

15.4 Effect of Termination

Upon termination for any reason, the following provisions of these Terms shall survive: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to Terms

Dave's Hot Chicken reserves the right to revise, amend, or update these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice to users via email or a prominent notice on the Website.

Your continued use of the Website or Services after any changes to these Terms become effective constitutes your binding acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to the revised Terms, you must discontinue use of the Website and Services.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any single provision.

The invalidity or unenforceability of any provision in a particular jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by Dave's Hot Chicken on the Website, constitute the entire agreement between you and Dave's Hot Chicken with respect to your use of the Website and Services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter herein.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Dave's Hot Chicken's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, utility failures, cyberattacks, or any other events that are unforeseeable and unavoidable. In the event of a force majeure, we will make reasonable efforts to resume normal operations as soon as practicable.

20. Electronic Communications

By using our Website and Services, you consent to receiving communications from Dave's Hot Chicken electronically, including emails, text messages, and notifications. 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. Your consent to electronic communications is governed by applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

21. Children's Use

Our Website and Services are not directed to children under the age of thirteen (13). We do not knowingly collect personal information from children under 13 years of age. If you are under 13, please do not use our Services or provide any personal information to us. If we become aware that we have collected personal information from a child under 13 without verified parental consent, we will take steps to delete such information in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

22. Accessibility

Dave's Hot Chicken is committed to making our Website accessible to all users, including those with disabilities, consistent with applicable law, including the Americans with Disabilities Act (ADA). If you experience any difficulties accessing our Website, please contact us so we can assist you.

23. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service or our Services, please contact us using the information below: