Terms of Service

Effective Date: June 5, 2026 | Last Updated: June 5, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Zupas ("Company," "we," "us," or "our"), the operator of the website located at zupas-cafe.click (the "Website") and all related food and dining services offered through it.

By accessing, browsing, or otherwise using this Website — including placing orders, creating an account, subscribing to any newsletter or promotional communications, or interacting with any feature of the Website — you expressly agree to comply with and be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any additional guidelines, rules, or policies we may publish from time to time.

These Terms apply to all visitors, registered users, customers, and any other individuals who access or use any portion of the Website or services offered by Zupas.

If you are using this Website on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and references to "you" shall include both you individually and that entity.

You must be at least 18 years of age (or the applicable age of majority in your jurisdiction) to use our Website. By using this Website, you affirm that you meet this age requirement. We do not knowingly collect information from or market to children under the age of 13.

2. Description of Services

Zupas is a food service business operating in the United States. Through our Website at zupas-cafe.click, we offer a range of services and features, including but not limited to:

• Online Menu Browsing: View our current food and beverage menu, including descriptions, ingredients, nutritional information, and pricing.
• Online Ordering: Place orders for pickup or delivery of food and beverages prepared by Zupas.
• Account Registration: Create and manage a personal account to streamline the ordering process, track order history, and receive personalized recommendations.
• Loyalty and Rewards Programs: Participate in any loyalty, rewards, or promotional programs that Zupas may offer from time to time.
• Catering and Event Services: Request catering or large-order services for events, meetings, or gatherings.
• Gift Cards and Promotional Offers: Purchase or redeem gift cards and take advantage of special promotions, discounts, or coupons.
• Customer Support: Access customer service for inquiries related to orders, complaints, dietary needs, and general feedback.
• Newsletter and Marketing Communications: Subscribe to receive news, promotions, and updates about Zupas offerings.

Zupas reserves the right to modify, suspend, or discontinue any aspect of these services at any time, with or without notice. We are not liable to you or any third party if we exercise this right. We also reserve the right to impose limits on certain features or restrict access to parts of the Website without notice or liability.

Food and beverage offerings are subject to availability and may vary by location. Menu items, pricing, and nutritional content are subject to change without prior notice. Zupas makes reasonable efforts to ensure that the information presented on the Website is accurate and current, but we do not guarantee that all menu descriptions, images, or nutritional data are free from error.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and 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 accept responsibility for all activities conducted under your account.
• Promptly notify Zupas of any unauthorized use of your account or any other breach of security.
• Use the Website only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations when using the Website or receiving our services.
• Ensure that any information you provide does not violate the rights of any third party, including but not limited to intellectual property rights or privacy rights.
• Treat our staff, representatives, and other users with respect and dignity in all communications.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities when using the Website or our services:

• Using the Website for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation.
• Attempting to gain unauthorized access to any portion of the Website, other users' accounts, or any related systems or networks.
• Transmitting any viruses, malware, spyware, or other harmful code or technology that may damage, interfere with, or disrupt the Website or servers.
• Scraping, crawling, harvesting, or otherwise collecting data from the Website through automated means without our prior written consent.
• Submitting false, fraudulent, or misleading information, including false order requests, fraudulent payment information, or deceptive reviews.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website, or access to the Website, without our express written consent.
• Attempting to reverse engineer, decompile, or disassemble any software or technology underlying the Website.
• Using the Website to engage in any form of spam, unsolicited advertising, or commercial solicitation not authorized by Zupas.
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein.
• Engaging in any activity that could harm, defame, harass, threaten, or intimidate Zupas, its employees, agents, or other users.
• Posting or transmitting any content that is obscene, defamatory, hateful, discriminatory, or otherwise objectionable.
• Circumventing any security or access-control mechanisms implemented on the Website.
• Engaging in fraudulent chargebacks or payment disputes without legitimate cause.

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

4. Account Registration and Security

To access certain features of our Website, you may be required to register for an account. When creating an account, you agree to provide accurate and complete information and to keep this information updated.

You are solely responsible for maintaining the confidentiality of your account username and password. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other security breach.

Zupas is not liable for any loss or damage arising from your failure to maintain the security of your account credentials. You may be held liable for losses incurred by Zupas or other parties due to unauthorized use of your account resulting from your failure to safeguard your login information.

5. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), is the exclusive property of Zupas or its content suppliers and is protected under United States and international intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable laws.

The Zupas name, logo, brand identity, and all related marks, trade names, and trade dress are the trademarks and service marks of Zupas. You are prohibited from using these marks without the prior written consent of Zupas. All other trademarks or service marks that appear on the Website that are not owned by Zupas are the property of their respective owners.

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

• Modify, adapt, translate, or create derivative works based on the Content.
• Reproduce, publish, distribute, display, or transmit any Content without our express written consent.
• Use the Content for any commercial purpose or for any public display (commercial or non-commercial).
• Remove or alter any copyright, trademark, or other proprietary notices contained in the Content.
• Use any data mining, robots, or similar data gathering or extraction tools on the Website.

Any unauthorized use of the Content or the Website terminates the license granted herein and may constitute a violation of applicable intellectual property laws, subjecting you to civil and criminal penalties.

If you submit, post, or transmit any content, feedback, suggestions, reviews, or other materials to us ("User Content"), you grant Zupas a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and promoting our business. You represent and warrant that you own or have the necessary rights to grant this license and that the User Content does not infringe any third-party rights.

6. Payment Terms

When placing an order through our Website, you agree to pay all charges associated with your order, including the price of the food and beverages selected, any applicable taxes, service fees, and delivery charges (if applicable).

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales tax will be calculated based on your delivery address or pickup location and added to your order total at checkout.

By submitting your 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 will promptly update your payment information to reflect any changes.

We accept payment via major credit cards, debit cards, and any other payment methods indicated on the Website at the time of checkout. All payment transactions are processed through secure, third-party payment processors. Zupas does not store your full credit card or banking information on our servers.

All sales are final unless otherwise specified. Refunds or credits may be issued at the sole discretion of Zupas in cases where an order is incorrect, incomplete, or fails to meet reasonable quality standards. Please contact us at [email protected] to report any issues with your order.

In the event that a payment is declined or reversed, Zupas reserves the right to cancel your order and pursue collection of any outstanding amounts owed, including any fees associated with returned or reversed payments.

Gift cards and promotional credits issued by Zupas have no cash value and are not transferable or redeemable for cash unless required by applicable state law. They may not be used for gratuities or certain types of transactions as specified at point of sale.

7. Food Allergen and Dietary Information Disclaimer

Zupas makes reasonable efforts to provide accurate information regarding ingredients, allergens, and nutritional content of menu items. However, our food is prepared in facilities that handle common allergens including but not limited to nuts, dairy, gluten, soy, eggs, fish, and shellfish. Cross-contamination may occur.

If you have a severe food allergy or dietary restriction, we strongly recommend that you contact us directly before placing an order to discuss your specific needs. Zupas cannot guarantee that any menu item is completely free from any allergen. By placing an order, you acknowledge and accept this risk.

8. Disclaimers and Website Availability

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZUPAS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE.
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES.

Zupas does not warrant that the Website will meet your requirements or that any defects in the Website will be corrected. We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time without notice or liability.

Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or device or loss of data that results from your use of the Website.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ANY APPLICABLE STATE CONSUMER PROTECTION LAWS, IN NO EVENT SHALL ZUPAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZUPAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ZUPAS IN THE NINETY (90) DAYS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Zupas, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorney's fees and court costs) arising from or relating to:

• Your access to or use of the Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, rule, regulation, or the rights of any third party;
• Any User Content you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any fraud, misrepresentation, or unauthorized use of your account.

Zupas reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Zupas.

11. Third-Party Links and Services

The Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Zupas. We provide these links for your convenience only. Zupas has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We do not endorse any products or services offered by third parties. We strongly encourage you to read the terms of service and privacy policies of any third-party website or service that you visit. Your interactions with third-party websites are governed solely by the terms and policies of those third parties.

12. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, disclose, and safeguard your personal information in compliance with applicable United States laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) where applicable, as well as the Federal Trade Commission Act (15 U.S.C. § 45) and other applicable federal and state privacy laws.

By using the Website, you consent to the collection and use of your information as described in our Privacy Policy. If you have any questions about our privacy practices, please contact us at [email protected].

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation 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 Zupas's principal place of business is located, without regard to any choice of law or conflict of law provisions.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby consent and submit to the personal jurisdiction and venue of such courts and waive any objection to the exercise of jurisdiction over you by such courts.

These Terms shall also be subject to applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts or practices, and any other applicable federal consumer protection statutes.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) and the California Privacy Rights Act. Please refer to our Privacy Policy for more information about your California privacy rights.

14. Dispute Resolution

14.1 Informal Resolution

We encourage you to contact us first before initiating any formal legal proceedings. Most concerns can be resolved quickly and informally. If you have a dispute with Zupas, please contact us at [email protected] and describe your concern in detail. We will make a good-faith effort to resolve the matter within thirty (30) days of receiving your notice.

14.2 Binding Arbitration

If informal resolution is unsuccessful, and to the extent permitted by applicable law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Website — including disputes about their formation, validity, breach, termination, interpretation, enforceability, or remedies — shall be resolved by binding arbitration conducted by a nationally recognized arbitration organization (such as the American Arbitration Association or JAMS) in accordance with its applicable commercial arbitration rules.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding on both parties and may be enforced in any court of competent jurisdiction. The arbitration shall take place in the United States, at a location mutually agreed upon by the parties or as determined by the arbitration administrator.

You acknowledge and agree that any arbitration shall be conducted solely on an individual basis and not as a class action, consolidated action, or representative proceeding. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.3 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 intellectual property rights or confidential information. Claims arising under consumer protection statutes that expressly prohibit waiver of the right to bring claims in court may also be exempt from the arbitration requirement.

14.4 Time Limitation on Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or maintain an account with Zupas. Zupas reserves the right to terminate or suspend your account and access to the Website and services, at our sole discretion, at any time, with or without cause or notice, including but not limited to if:

• You violate any provision of these Terms;
• We believe your conduct poses a risk to Zupas, other users, or any third party;
• Required to do so by law or a governmental authority;
• Your account has been inactive for an extended period of time;
• We decide to discontinue the Website or any related service.

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

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property rights, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

16. Changes to These Terms

Zupas reserves the right to modify, update, or revise these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In some cases, we may provide additional notice of material changes, such as by sending an email to the address associated with your account or by displaying a prominent notice on the Website.

Your continued use of the Website or services following the posting of updated Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of the Website and services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page regularly for changes.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

If any limitation or exclusion of liability contained in these Terms is held to be unenforceable in a particular jurisdiction, such limitation or exclusion shall apply to the maximum extent permitted by applicable law in that jurisdiction.

18. Entire Agreement

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

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of Zupas to act with respect to any breach by you or others does not constitute a waiver of any right of Zupas to act with respect to subsequent or similar breaches.

19. Force Majeure

Zupas shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, government actions, labor disputes, power outages, internet service disruptions, cyberattacks, supply chain interruptions, or any other events constituting force majeure. In the event of such circumstances, Zupas will make reasonable efforts to resume normal operations as quickly as practicable.

20. No Waiver

No failure or delay by Zupas in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies of Zupas under these Terms are cumulative and not exclusive of any other rights or remedies that Zupas may have at law or in equity.

21. Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms without the prior written consent of Zupas. Any purported assignment in violation of this section is null and void. Zupas may freely assign these Terms or any of its rights or obligations hereunder without your consent in connection with a merger, acquisition, sale of assets, corporate reorganization, or by operation of law.

22. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, please do not hesitate to reach out to us. We are committed to resolving any issues promptly and transparently.