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 Via 313 ("Company," "we," "us," or "our"), governing your access to and use of the website located at food-via313.digital (the "Site"), including all content, features, services, and functionality offered through the Site.

By accessing or using the Site, placing an order, creating an account, or otherwise engaging with Via 313's services in any manner, 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 using our services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and all references to "you" shall refer to that entity.

These Terms apply to all visitors, users, customers, and others who access or use the Site or our services. Via 313 reserves the right to modify, update, or revise these Terms at any time. Continued use of the Site following any such modifications constitutes your acceptance of the revised Terms.

You must be at least 18 years of age to use our services, enter into binding contracts, or place orders through our Site. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are under 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Via 313 is a food-service business that offers customers the ability to browse our menu offerings, place food orders, arrange for pickup or delivery, and engage with our brand and community through our digital platform. Our services include, but are not limited to:

• Online ordering of food and beverages through our website at food-via313.digital
• Menu browsing, customization, and selection of food items
• Order placement, confirmation, and tracking
• Pickup and/or delivery coordination (where available)
• Account creation and management for returning customers
• Promotional offers, loyalty programs, and special deals
• Customer support and communication services
• Gift cards and vouchers (where available)
• Catering inquiry submission and coordination services

Via 313 reserves the right to modify, suspend, expand, or discontinue any aspect of our services at any time, with or without notice. We do not guarantee the availability of any specific menu item, service, or feature at all times. Menu offerings, pricing, hours of operation, and delivery zones are subject to change without prior notice.

All food products offered through our Site are subject to availability. Via 313 makes no warranty that any particular item will be available at the time of your order. In the event that an item is unavailable, we will make reasonable efforts to notify you and offer suitable alternatives or a refund for that item.

Delivery services, where offered, may be provided by Via 313 directly or through third-party delivery platforms and partners. The terms of any third-party delivery service provider shall govern the delivery portion of those transactions, and Via 313 shall not be liable for the actions, errors, or omissions of third-party delivery partners.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain the security and confidentiality of your account credentials
• Promptly update any account information that becomes outdated or inaccurate
• Use the Site only for lawful purposes and in accordance with these Terms
• Comply with all applicable federal, state, and local laws and regulations
• Notify Via 313 immediately of any unauthorized use of your account or security breach
• Pay all charges associated with your orders in a timely manner
• Treat our staff, delivery partners, and other users with respect and courtesy

3.2 Prohibited Activities

You agree that you will NOT use the Site or our services to engage in any of the following prohibited activities:

• Violate any applicable federal, state, local, or international law or regulation
• Engage in any fraudulent, deceptive, or misleading conduct, including placing false or fraudulent orders
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Attempt to gain unauthorized access to any portion of the Site, any other systems or networks connected to the Site, or any server or database used in connection with the Site
• Use any automated software, robots, scrapers, or similar data-gathering tools to access or interact with the Site without our express written permission
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation
• Introduce any viruses, malware, worms, Trojan horses, or other harmful computer code into the Site
• Attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site or any underlying software
• Interfere with or disrupt the integrity or performance of the Site or the data contained therein
• Collect or harvest any personal information from the Site, including account names or contact information, without authorization
• Use the Site or any content thereon for any commercial purpose without our express written consent
• Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Site
• Attempt to circumvent any security or authentication measures employed by Via 313
• Use the Site for any purpose that is prohibited under these Terms or applicable law

Via 313 reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities as appropriate.

4. Intellectual Property Rights

The Site and all of its original content, features, functionality, branding, and materials — including but not limited to text, graphics, logos, images, icons, audio clips, digital downloads, data compilations, and software — are the exclusive property of Via 313 and are protected by United States copyright, trademark, trade dress, patent, and other applicable intellectual property or proprietary rights laws.

The Via 313 name, logo, trade dress, and all related names, logos, product and service names, designs, and slogans are trademarks of Via 313 or its affiliates or licensors. You may not use such marks without the prior written permission of Via 313. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for your personal, non-commercial use only. This license does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any content from the Site
• Modify or create derivative works based on the Site or any content thereon
• Use any meta tags or other hidden text utilizing Via 313's name or trademarks
• Frame or mirror any portion of the Site without our prior written consent
• Sublicense the rights granted to you under these Terms to any third party

Any use of the Site or its content not expressly permitted by these Terms is a breach of this Agreement and may violate copyright, trademark, and other applicable laws. Via 313 reserves all rights not expressly granted in these Terms.

If you believe that any content on our Site infringes upon your intellectual property rights, please contact us immediately at [email protected] with the subject line "IP Infringement Notice" and provide the information required under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

By placing an order through our Site, you agree to pay all charges associated with your order at the prices then in effect, including applicable taxes and any delivery fees. All payments must be made through the payment methods accepted on our Site.

Via 313 accepts major credit and debit cards, and may accept other forms of electronic payment as displayed on the Site at the time of checkout. All payment information is processed through secure, encrypted channels. Via 313 does not store your full payment card information on its servers.

All prices listed on the Site are in U.S. dollars (USD) and are subject to applicable state and local sales taxes. Prices are subject to change at any time without prior notice. The price charged for an order will be the price in effect at the time the order is placed.

You authorize Via 313 to charge your selected payment method for the total amount of your order, including taxes and applicable fees. If your payment method is declined or fails for any reason, your order will not be processed, and you will be notified to provide an alternative payment method.

5.1 Refunds and Cancellations

Orders may be cancelled or modified only within a limited window after placement, as specified at the time of order. Due to the perishable nature of food products, all sales are generally final once an order has been prepared or is in the process of preparation. Refunds may be issued in the following circumstances:

• An item ordered was unavailable and no suitable substitute was provided
• An order was incorrectly fulfilled due to a confirmed error on Via 313's part
• Food safety concerns arise from a confirmed issue with our products

Refund requests must be submitted to [email protected] within 24 hours of order receipt and must include a detailed description of the issue and, where applicable, photographic evidence. Via 313 reserves the right to determine, in its sole discretion, whether a refund or replacement is warranted.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, AND PRODUCTS PROVIDED BY VIA 313 ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Site will be available, uninterrupted, secure, or error-free
• Warranties as to the accuracy, completeness, reliability, or timeliness of any content on the Site
• Warranties that the Site or its servers are free of viruses or other harmful components
• Warranties that any food product will meet your specific dietary requirements, preferences, or expectations, except as expressly stated by Via 313

Via 313 does not warrant that any allergen information, nutritional data, or ingredient lists are complete or entirely accurate, as recipes and ingredient sourcing may change. Customers with food allergies, intolerances, or dietary restrictions are strongly encouraged to contact us directly before placing an order to confirm the suitability of any product.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. Via 313 is not responsible for any damage to your computer, mobile device, or any loss of data resulting from downloading such material.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIA 313, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, business, or goodwill
• Personal injury or property damage of any nature
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Site
• Any other matter relating to the Site or our services

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE TOTAL CUMULATIVE LIABILITY OF VIA 313 TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO VIA 313 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you in full. In such jurisdictions, Via 313's liability shall be limited to the maximum extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Via 313 and its owners, officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service
• Your use of the Site or our services in a manner not authorized by these Terms
• Your violation of any applicable federal, state, or local law or regulation
• Your violation of any third-party right, including intellectual property rights or privacy rights
• Any content or information you submit, post, or transmit through the Site
• Any fraudulent or intentionally harmful actions you take in connection with the Site or our services
• Any dispute you have with another user of the Site or a third-party delivery partner

Via 313 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Via 313 in asserting any available defenses. You agree not to settle any matter subject to indemnification without Via 313's prior written consent.

9. 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 shall be governed by and construed in accordance with the laws of the United States and the laws of the applicable state in which Via 313 operates, without regard to its conflict of law provisions.

Via 313 operates in the United States, and our services are directed to users within the United States. To the extent applicable, compliance with the Federal Trade Commission Act (FTC Act), 15 U.S.C. §§ 41–58, and applicable state consumer protection statutes governs our commercial practices.

For users in the State of California, Via 313 acknowledges and complies with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code §§ 1798.100 et seq. California residents may have additional rights with respect to their personal information as outlined in our Privacy Policy.

Any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objection to the laying of venue in such courts and waive any objection that such courts are an inconvenient forum.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, Via 313 encourages you to contact us first to seek an informal resolution. Most concerns can be resolved quickly and efficiently through direct communication. Please contact our customer service team at [email protected] with a detailed description of your complaint. Via 313 will make reasonable efforts to respond within ten (10) business days and to resolve your concern in good faith.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, the breach thereof, or your use of the Site or services that cannot be resolved informally shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), as modified by these Terms. The arbitration shall be conducted in the United States in accordance with applicable federal and state arbitration laws, including the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable relief in a court of competent jurisdiction to prevent irreparable harm or to protect intellectual property rights, pending arbitration. You also retain the right to bring individual claims in small claims court to the extent permitted by applicable law.

If the class action waiver is found to be unenforceable, the arbitration agreement shall be null and void, and the parties agree to resolve disputes in a court of competent jurisdiction as described in Section 9 above.

11. Term and Termination

These Terms of Service are effective upon your first access to or use of the Site and shall remain in full force and effect for as long as you continue to access or use the Site or our services, unless earlier terminated in accordance with this Section.

Via 313 reserves the right, in its sole discretion and without prior notice, to suspend, restrict, or terminate your access to the Site or any of our services, and to delete any account you may have established, at any time and for any reason, including but not limited to:

• Your breach of any provision of these Terms
• Conduct that Via 313 believes is harmful to other users, third parties, or the business interests of Via 313
• Your engagement in any fraudulent, deceptive, or illegal activity
• Requests from law enforcement or other government agencies
• Unexpected technical or security issues
• Discontinuation of the Site or services by Via 313

You may terminate your account and cease use of our services at any time by contacting us at [email protected]. Upon termination, your right to use the Site and our services will immediately cease, and Via 313 may delete your account and all associated data in accordance with our Privacy Policy.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and all other provisions that impose continuing obligations on either party.

12. Changes to Terms

Via 313 reserves the right to revise, update, modify, or replace any part of these Terms of Service at any time at our sole discretion. We will provide notice of any material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification to the address associated with your account or by posting a prominent notice on the Site.

It is your responsibility to review these Terms periodically for any changes. Your continued access to or use of the Site following the posting of any revised Terms constitutes your acceptance of and agreement to be bound by those revised Terms. If you do not agree to the new Terms, you must stop using the Site and our services immediately.

No modification of these Terms by you shall be binding on Via 313 unless agreed to in writing and signed by an authorized representative of Via 313. Any waiver by Via 313 of any provision of these Terms shall not be construed as a continuing waiver or as a waiver of any other provision.

13. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services that are not owned or controlled by Via 313, including third-party payment processors, delivery platforms, social media platforms, and other service providers. Via 313 has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

We encourage you to review the terms and privacy policies of any third-party websites or services you visit or use. The inclusion of any link on our Site does not imply endorsement by Via 313 of that website or service. Your interactions with third-party websites and services are solely between you and the applicable third party, and Via 313 shall have no liability for any loss or damage arising from such interactions.

14. Food Safety and Allergen Notice

Via 313 takes food safety seriously and strives to maintain the highest standards of food preparation, handling, and storage. However, customers should be aware that our food products may be prepared in facilities that handle common allergens, including but not limited to: peanuts, tree nuts, dairy, eggs, wheat/gluten, soy, fish, and shellfish.

Cross-contamination is possible, and we cannot guarantee that any item is entirely free from all allergens. Customers with severe food allergies, sensitivities, or dietary restrictions must contact us directly before placing an order to discuss their specific needs. Via 313 will make reasonable accommodations where possible, but we cannot be responsible for adverse reactions resulting from failure to disclose dietary restrictions or allergies at the time of ordering.

All nutritional and allergen information provided on the Site is for general informational purposes only and is subject to change based on ingredient availability, recipe modifications, and preparation methods. Via 313 shall not be liable for any harm resulting from reliance on such information without direct confirmation from our staff.

15. Privacy

Your privacy is important to Via 313. Our Privacy Policy, available on our website at food-via313.digital, describes how we collect, use, disclose, and protect your personal information when you use our Site and services. By using our Site, you consent to the collection and use of your information as described in our Privacy Policy, which is incorporated by reference into these Terms.

Via 313 complies with applicable U.S. federal and state privacy laws, including the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive acts or practices, and the California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA) for California residents. We encourage you to review our Privacy Policy for full details about your rights and our data practices.

16. Force Majeure

Via 313 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, pandemics, epidemics, government actions or restrictions, civil unrest, labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, fire, flood, or other similar events ("Force Majeure Events").

In the event of a Force Majeure Event, Via 313 will make commercially reasonable efforts to resume normal operations as quickly as practicable. We will not be liable for any damages, losses, or inconveniences suffered by you as a result of any such delay or failure.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Via 313 on the Site, constitute the entire agreement between you and Via 313 with respect to your use of the Site and our services. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings between you and Via 313, whether written or oral, regarding the subject matter hereof.

18. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or void for any reason, that provision shall be deemed severed from these Terms, and the invalidity, illegality, or unenforceability of that provision shall not affect the validity, legality, or enforceability of any other provision of these Terms. The remaining provisions of these Terms shall continue in full force and effect, and the offending provision shall be modified to the minimum extent necessary to make it enforceable in accordance with applicable law while preserving the original intent of the parties.

The failure of Via 313 to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Via 313's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign, transfer, sublicense, or delegate any of your rights or obligations under these Terms without the prior written consent of Via 313. Any attempted assignment in violation of this provision shall be null and void. Via 313 may freely assign these Terms, in whole or in part, to any affiliate, subsidiary, successor in interest, or purchaser of all or substantially all of our assets or business, without your consent and without notice, provided that the assignee assumes all of Via 313's obligations under these Terms.

20. Electronic Communications

By using the Site or communicating with Via 313 via email or other electronic means, you consent to receive communications from Via 313 electronically. Via 313 may communicate with you via email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Via 313 provides to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.

21. Contact Information

If you have any questions, concerns, or requests related to these Terms of Service, please contact Via 313 using the information below. We are committed to addressing your inquiries in a timely and professional manner.

These Terms of Service were last updated on June 5, 2026. Via 313 reserves all rights not expressly granted herein.