Terms of Service

Effective Date: June 25, 2026  |  Last Updated: June 25, 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"), governing your access to and use of the website zupasrestaurant.rest (the "Website"), as well as all related services, features, content, and functionality offered by Zupas, including online ordering, reservations, loyalty programs, and any other digital or physical services provided in connection with our restaurant operations (collectively, the "Services").

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

• You are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), you are using the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms;
• You have the legal capacity to enter into a binding agreement;
• You will comply with all applicable federal, state, and local laws and regulations while using our Services;
• All information you provide to us is accurate, current, and complete.

These Terms apply to all visitors, registered users, customers, and others who access or use the Services. If you are using the Services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" shall refer to that entity.

2. Description of Services

Zupas is a food service establishment dedicated to providing high-quality, fresh, and flavorful meals to our customers. Our Services include, but are not limited to, the following:

2.1 Restaurant Dining Services

We operate physical dining locations where customers may enjoy dine-in meals prepared fresh to order. Our menu offerings include soups, salads, sandwiches, and other specialty food items. Menu availability may vary by location and is subject to change without prior notice based on seasonal availability, supply chain considerations, and operational decisions made at our sole discretion.

2.2 Online Ordering and Delivery

We provide an online ordering platform through our Website and potentially through authorized third-party delivery platforms. Through this platform, customers may place orders for pickup or delivery. Online orders are subject to product availability, applicable fees, minimum order amounts, and delivery zone restrictions. Delivery services may be fulfilled by Zupas directly or through third-party delivery partners, and additional terms from those partners may apply.

2.3 Catering Services

Zupas may offer catering services for events, corporate gatherings, and other occasions. Catering orders require advance notice and are subject to separate catering agreements, pricing schedules, and availability. Please contact us directly for catering inquiries.

2.4 Loyalty and Rewards Programs

We may offer loyalty, rewards, or promotional programs to eligible customers. Participation in such programs is voluntary and subject to the specific terms and conditions applicable to each program, which are incorporated herein by reference. We reserve the right to modify, suspend, or terminate any loyalty or rewards program at any time without liability to participants.

2.5 Digital Communications and Marketing

With your consent, we may send you promotional emails, newsletters, text messages, or other communications regarding our menu, special offers, events, and other information related to our Services. You may opt out of marketing communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly.

3. User Accounts and Registration

Certain features of our Website and Services may require you to create a user account. When registering for an account, you agree to:

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

We reserve the right to suspend, terminate, or refuse to create accounts at our sole discretion, including, without limitation, if we believe that a user has violated these Terms or applicable law. You may not create an account using another person's identity or information, or using a fictitious identity for fraudulent or deceptive purposes.

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 these Terms. You are solely responsible for your conduct and any data, text, information, usernames, images, or other content that you submit, post, or display through the Services.

4.1 Prohibited Activities

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

• Fraudulent Transactions: Using stolen, unauthorized, or fraudulently obtained payment information to place orders or access Services;
• Misrepresentation: Impersonating any person or entity, misrepresenting your affiliation with any person or entity, or falsely claiming to represent Zupas;
• System Interference: Attempting to gain unauthorized access to our Website, servers, databases, or any computer systems or networks associated with the Services through hacking, password mining, or any other means;
• Malicious Code: Uploading, transmitting, or distributing any viruses, malware, spyware, worms, Trojan horses, or other malicious or harmful code to our Website or systems;
• Automated Scraping: Using bots, scrapers, crawlers, or automated scripts to access, collect, or extract data from our Website without our express written permission;
• Spam and Unsolicited Communications: Using our platform to send unsolicited commercial messages, spam, or bulk communications to other users or third parties;
• Abusive Conduct: Engaging in harassing, threatening, defamatory, obscene, or otherwise objectionable conduct toward Zupas employees, contractors, or other users;
• Circumventing Security: Attempting to circumvent, disable, or interfere with security-related features of the Website, including features that prevent or restrict unauthorized copying or use of content;
• Unlawful Use: Using the Services for any purpose that is unlawful, fraudulent, deceptive, or otherwise prohibited by applicable federal, state, or local law, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.);
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of our Website or software systems;
• Commercial Exploitation: Reproducing, duplicating, copying, selling, reselling, or otherwise commercially exploiting any portion of our Services without our express written consent;
• False Reviews: Submitting false, misleading, or fabricated reviews, ratings, or testimonials about our Services or food products.

Violation of any of the above prohibitions may result in immediate suspension or termination of your access to the Services, and may subject you to civil or criminal liability under applicable law. We reserve the right to investigate violations and cooperate with law enforcement authorities as appropriate.

5. Ordering, Payment, and Pricing

5.1 Placing Orders

All orders placed through our Website or in-store are subject to acceptance by Zupas. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product unavailability, errors in pricing or product descriptions, suspected fraud, or system errors. We will make reasonable efforts to notify you if an order is cancelled.

5.2 Pricing

All prices displayed on our Website or menu are in United States Dollars (USD) and are subject to change without prior notice. Prices may vary by location. We make every effort to ensure that pricing displayed on our Website is accurate; however, we do not warrant that prices will be error-free. In the event of a pricing error, we reserve the right to cancel the affected order and notify you accordingly. Applicable sales taxes will be added to your order total as required by federal, state, and local tax laws.

5.3 Payment Methods

We accept various forms of payment, including major credit cards, debit cards, digital wallets, and gift cards as displayed at the point of purchase. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for all orders placed through your account. All payment transactions are processed through secure, third-party payment processors, and we do not store complete payment card information on our servers.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the type of order. For online pickup and delivery orders, cancellations must be made within a reasonable time prior to order preparation. Once food preparation has begun, cancellations and refunds may not be available. If you receive an incorrect or unsatisfactory order, please contact us at [email protected] within a reasonable time, and we will work with you to resolve the issue, which may include a replacement order or store credit at our discretion. We are not obligated to issue cash refunds for dissatisfaction based on personal taste preferences.

6. Intellectual Property Rights

6.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall design and compilation of the Website (collectively, "Content"), is the exclusive property of Zupas or its content suppliers and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

6.2 Trademarks

The name "Zupas," our logos, brand marks, taglines, and all related names, logos, product and service names, designs, and slogans are trademarks of Zupas. You may not use such marks without our prior written permission. All other trademarks appearing on the Website are the property of their respective owners.

6.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with obtaining our Services. This license does not include the right to: (a) modify or create derivative works based on the Content; (b) use any data mining, robots, or similar data gathering or extraction methods; (c) download or copy account information for the benefit of any third party; or (d) use the Website or Content for commercial exploitation of any kind.

6.4 User-Generated Content

If you submit, post, or otherwise make available any reviews, comments, photos, feedback, or other content through our Website or related platforms ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business and marketing activities. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not infringe any third-party rights.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and available on our Website. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent that California residents use our Services, your rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) (Cal. Civ. Code § 1798.100 et seq.) are described in our Privacy Policy, including your rights to know, delete, correct, and opt out of the sale or sharing of your personal information.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, delivery services, or other resources that are not owned or controlled by Zupas. These links are provided for your convenience and informational purposes only. We do not endorse, control, or assume any responsibility for the content, privacy practices, or terms of service of any third-party websites or services. Your use of third-party services is at your own risk and subject to the applicable third party's terms and conditions. We encourage you to review the terms and privacy policies of any third-party services you access through our Website.

9. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZUPAS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• ANY WARRANTY THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

We do not warrant that our food products will meet every individual's dietary needs, allergen requirements, or nutritional expectations. While we take reasonable precautions to accommodate known allergens, we cannot guarantee that our food products are free from cross-contamination. Customers with severe food allergies should exercise caution and communicate their specific dietary needs to our staff before ordering.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety. In such cases, any implied 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 ZUPAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES;
• LOSS OF DATA OR INFORMATION;
• LOSS OF GOODWILL OR REPUTATION;
• BUSINESS INTERRUPTION;
• PERSONAL INJURY OR PROPERTY DAMAGE NOT RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• ANY OTHER INDIRECT OR CONSEQUENTIAL LOSSES,

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO ZUPAS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

Some states do not allow the limitation or exclusion of liability for certain types of damages. In such states, our liability shall be limited to the maximum extent permitted by applicable law. Nothing in these Terms shall limit our liability for gross negligence, fraud, intentional misconduct, or any other liability that cannot be excluded or limited under applicable law, including any liability under applicable state consumer protection statutes.

11. Indemnification

You agree to defend, indemnify, and hold harmless Zupas and its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, and successors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that arise out of or relate to:

• Your use of or access to the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any User Content you submit, post, or transmit through the Website;
• Any misrepresentation made by you in connection with the Services;
• Your fraudulent, negligent, or willfully harmful conduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claims and not to settle any matter without our prior written consent. This indemnification obligation will survive the termination of these Terms and your use of the Services.

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them 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 is registered and operates, without regard to its conflict of law principles or provisions.

These Terms are subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts or practices in commerce. To the extent applicable, the laws of the relevant state in which Zupas operates, including applicable state consumer protection statutes, food safety regulations, and digital commerce laws, shall also apply.

For any disputes not subject to arbitration as described below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States, in the state where Zupas maintains its principal place of business. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to contact us informally to discuss and attempt to resolve any concerns or disputes. Please contact us at [email protected] with a description of your concern. We will make good-faith efforts to resolve disputes informally within thirty (30) days of receiving notice.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the breach, termination, or validity thereof (each, a "Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted by a single neutral arbitrator 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

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ZUPAS 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, COLLECTIVE, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

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 actual or threatened infringement of intellectual property rights or to prevent irreparable harm, without first engaging in the arbitration process described above.

13.5 Time Limitation on Claims

To the extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This limitation period does not apply where prohibited by applicable law.

14. Term and Termination

14.1 Duration

These Terms are effective as of the date you first access or use our Website or Services and shall remain in full force and effect for as long as you continue to use our Website or Services, unless terminated earlier in accordance with these Terms.

14.2 Termination by You

You may terminate your account and cease using our Services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders already placed.

14.3 Termination by Us

We reserve the right to suspend, restrict, or permanently terminate your access to the Website and Services at any time, with or without cause and with or without notice, including if we believe that you have violated these Terms, engaged in fraudulent activity, or for any other reason at our sole discretion. We may also terminate or modify the Services or any portion thereof at any time without liability to you.

14.4 Effect of Termination

Upon termination for any reason: (a) your license to use the Website and Services will immediately cease; (b) we may delete your account and associated data in accordance with our Privacy Policy; (c) all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

15. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. Changes to these Terms will be effective upon posting the updated Terms to our Website with a revised "Last Updated" date. Material changes may be communicated to registered users via email or through a prominent notice on our Website.

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

We will not make changes to these Terms that retroactively reduce your rights with respect to transactions already completed without providing you with appropriate notice and, where required by applicable law, obtaining your consent.

16. Electronic Communications

By using our Website and Services, you consent to receiving electronic communications from us, including emails, text messages, and notices posted to the Website. 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. You retain the right to opt out of non-essential marketing communications at any time, but you acknowledge that we may still send you transactional communications related to orders and account activity.

17. Accessibility

Zupas is committed to providing a website experience that is accessible to all individuals, including those with disabilities, in compliance with applicable accessibility standards. If you experience any difficulty accessing our Website or Services, please contact us at [email protected] so that we may assist you and address any accessibility barriers.

18. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms to the extent such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, government actions or restrictions, labor disputes, supply chain disruptions, power outages, internet service interruptions, cyber attacks, civil unrest, fire, flood, or any other circumstances beyond our reasonable control ("Force Majeure Events"). In the event of a Force Majeure Event, we will make reasonable efforts to notify you and resume normal operations as quickly as practicable.

19. Severability

If any provision of these Terms of Service is held to be invalid, illegal, unenforceable, or in conflict with applicable law by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed and deleted from these Terms. The remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the invalid or unenforceable provision. The parties agree that the remaining provisions shall be interpreted and construed so as to give effect to the original intent of the parties to the greatest extent possible.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by us 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 negotiations, representations, warranties, and agreements, whether written or oral, between you and Zupas regarding the subject matter hereof. No modification of these Terms shall be effective unless made in writing and signed by an authorized representative of Zupas, except as otherwise provided herein.

21. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Zupas. A waiver of any default or breach shall not constitute a waiver of any subsequent default or breach of the same or a different provision.

22. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment without such consent shall be null and void. We may freely assign these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, without your consent and without prior notice to you. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

23. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to our Services, please reach out to us using the information provided below:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety, order issues, or potential allergen concerns, please contact us immediately by email so that we may address your concern promptly.