Terms of Service

Effective Date: June 14, 2026  |  Last Updated: June 14, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the website daves-cafe.click and all related services, features, content, and functionality offered through the Site.

By accessing the Site, placing an order, creating an account, subscribing to any promotional communications, or otherwise interacting with our digital or physical services, you agree to comply with and be legally bound by these Terms, our Privacy Policy (incorporated herein by reference), and any other policies, guidelines, or rules we may publish from time to time.

These Terms apply to all visitors, registered users, customers, and any other individuals who access or use the Site in any capacity. If you are using the Site on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) to use this Site and place orders. By using the Site, you represent and warrant that you meet this age requirement. We reserve the right to refuse service to anyone who does not meet this requirement.

2. Description of Services

Dave's Hot Chicken operates as a food service business specializing in Nashville-style hot chicken and related food products. Through the Site, we offer the following services and features:

2.1 Online Ordering

Customers may browse our menu, customize food orders, and submit orders for in-store pickup, dine-in, or delivery (where available). Order availability may vary by location, time of day, and operational capacity. We reserve the right to modify, suspend, or discontinue any menu item or ordering option at any time without prior notice.

2.2 Menu Information

The Site provides descriptions, pricing, allergen information, and nutritional data for our food products to the best of our ability. While we strive for accuracy, menu items, ingredients, and prices are subject to change. Customers with food allergies, dietary restrictions, or other health concerns are strongly encouraged to contact us directly before ordering to verify current ingredient and allergen information.

2.3 Promotions, Offers, and Loyalty Programs

From time to time, we may offer promotional discounts, coupons, loyalty rewards, or special deals through the Site or via email marketing. All promotions are subject to their own specific terms and conditions, expiration dates, and availability. We reserve the right to modify or terminate any promotion at any time without prior notice.

2.4 Catering and Group Orders

We may offer catering services for large groups or events. Catering inquiries and bookings may be handled via the Site or by direct communication with our staff. Separate catering agreements and terms may apply.

2.5 Third-Party Delivery Platforms

We may partner with third-party food delivery platforms (such as DoorDash, Uber Eats, Grubhub, or similar services) to facilitate delivery of our food products. Orders placed through third-party platforms are subject to the respective platform's terms, conditions, and privacy policies. Dave's Hot Chicken is not responsible for the actions, omissions, service quality, or data practices of any third-party delivery service.

3. User Obligations and Prohibited Activities

By using the Site, you agree to act in a lawful, respectful, and responsible manner at all times. You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site.

3.1 User Obligations

• 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 to your account.
• Ensure that all orders placed are genuine and that you intend to fulfill your obligations as a paying customer.
• Comply with all applicable food safety laws when receiving, handling, and consuming food products ordered through our Site.
• Treat our staff, representatives, and other users with courtesy and respect in all communications.

3.2 Prohibited Activities

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

• Use the Site for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation.
• Attempt to gain unauthorized access to any portion of the Site, our servers, databases, or any connected system or network.
• Use automated tools, bots, scrapers, crawlers, or similar technology to collect data from the Site without our prior written consent.
• Transmit any viruses, malware, ransomware, or other malicious code through the Site.
• Submit false, fraudulent, or misleading information, including fake orders, false reviews, or fraudulent payment information.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used on the Site.
• Use the Site to harass, threaten, intimidate, or harm any person or entity.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content without our express written permission.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Engage in any activity that places an unreasonable or disproportionate load on our infrastructure or that disrupts the normal functioning of the Site.
• Use the Site to engage in any form of commercial solicitation, spam, or unsolicited advertising.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including reporting violations to law enforcement authorities.

4. Intellectual Property Rights

All content on this Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site, is the exclusive property of Dave's Hot Chicken or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.1 Trademarks

The name "Dave's Hot Chicken," our logo, and all related product and service names, design marks, and slogans are trademarks or service marks of the Company. You are not permitted to use any of these marks without our prior written consent. All other trademarks not owned by us that appear on this Site are the property of their respective owners.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use in connection with placing orders and using our services. This license does not include the right to: (a) resell or make commercial use of the Site or its contents; (b) collect and use any product listings, descriptions, or prices; (c) make derivative uses of the Site or its contents; or (d) use any data mining, robots, or similar data gathering and extraction tools.

4.3 User-Generated Content

If you submit reviews, comments, feedback, photos, or any other content to the Site ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or have the necessary rights to the User Content and that it does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable sales taxes as required by federal, state, and local law. Prices are subject to change without notice. The price charged for an order will be the price in effect at the time the order is confirmed.

5.2 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as made available on the Site from time to time. By submitting your payment information, you authorize us to charge your chosen payment method for the total amount of your order, including applicable taxes and fees.

5.3 Order Confirmation

An order is not confirmed until you receive a confirmation notification via the Site or email. We reserve the right to cancel or refuse any order for reasons including but not limited to: item unavailability, inaccuracies in product descriptions or pricing, suspected fraud, or inability to process payment.

5.4 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final. If your order is incorrect, unsatisfactory, or if you experience a food safety issue, please contact us within 24 hours of receiving your order at [email protected]. We will review each complaint on a case-by-case basis and, at our sole discretion, may offer a replacement, store credit, or partial refund. Refunds, if approved, will be processed to the original payment method within 5–10 business days.

5.5 Sales Tax

We collect and remit sales tax in accordance with applicable state and local tax laws in the jurisdictions in which we operate. Tax amounts will be calculated and displayed at checkout.

6. Disclaimers — "As-Is" Basis

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE 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 SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE SITE;
• WARRANTIES WITH RESPECT TO THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS FOR ANY PARTICULAR INDIVIDUAL OR DIETARY NEED.

We do not warrant that defects will be corrected or that the Site is free of viruses or other harmful components. Your use of the Site is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

7. Limitation of Liability

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

• Your access to or use of (or inability to access or use) the Site or any services;
• Any conduct or content of any third party on the Site;
• Any food products ordered, received, or consumed through the Site;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any errors, mistakes, or inaccuracies in any content;
• Any interruption, suspension, or termination of the Site or services.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Dave's Hot Chicken and you. The Site and services would not be provided without such limitations. Some jurisdictions do not allow the limitation of certain types of damages, so some of the above limitations may not apply to you.

8. Food Safety and Allergen Disclaimer

Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness. Dave's Hot Chicken is not responsible for any adverse reactions, allergic responses, illness, or injury resulting from the consumption of food products ordered through the Site, to the maximum extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, 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 of Service;
• Your use of the Site or any services, including but not limited to any orders placed through the Site;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Content you submit, post, or transmit through the Site;
• Any misrepresentation made by you in connection with your use of the Site.

We reserve the right, at our own expense, to assume 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.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the products and services offered herein shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles.

These Terms are also subject to applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 45) governing unfair or deceptive acts or practices, and the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). To the extent you are a resident of California, additional rights may apply under the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) as detailed in our Privacy Policy.

For any claims or disputes not subject to arbitration as provided below, you consent to the exclusive personal jurisdiction of the federal and state courts located within the United States, and you waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve the dispute informally by contacting us at [email protected] with a written description of the dispute and your desired resolution. We will attempt to respond to your complaint within 30 days. If the dispute is not resolved within 60 days of your initial notice, either party may pursue the formal dispute resolution procedures outlined below.

11.2 Binding Arbitration

EXCEPT AS SET FORTH BELOW, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS AND SERVICES PROVIDED BY DAVE'S HOT CHICKEN SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in a court of law.

The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs of arbitration, except as otherwise required by applicable law or the AAA rules.

11.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

11.4 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 a party's intellectual property rights. Additionally, claims that are within the jurisdiction of a small claims court may be brought in that forum.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you use the Site or maintain an account with us. Certain provisions of these Terms that by their nature should survive termination shall survive, including without limitation provisions relating to intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution.

12.2 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to the Site and services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms;
• Fraudulent, abusive, or illegal activity;
• Conduct that is harmful to other users, third parties, or us;
• Extended periods of inactivity on your account;
• Requests by law enforcement or government agencies.

12.3 Termination by You

You may terminate your account and cease using the Site at any time by contacting us at [email protected]. Termination of your account will not affect any rights or obligations that arose prior to termination, including any outstanding payment obligations.

12.4 Effect of Termination

Upon termination for any reason, your right to access and use the Site will immediately cease. We may delete your account information and User Content at our discretion following termination, subject to applicable data retention laws.

13. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Dave's Hot Chicken. We provide these links for your convenience only and do not endorse, monitor, control, or assume any responsibility for the content, privacy practices, or terms of any third-party websites or services.

You acknowledge and agree that Dave's Hot Chicken is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services available on or through such websites or services.

14. Privacy and Data Protection

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

To the extent applicable, we comply with the requirements of the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and applicable federal privacy laws including those enforced by the Federal Trade Commission (FTC) under the FTC Act.

15. Changes to These Terms

Dave's Hot Chicken reserves the right to modify, update, or replace these Terms of Service at any time in its sole discretion. Changes will be effective immediately upon posting to the Site, unless we specify a later effective date. We will update the "Last Updated" date at the top of this page whenever we make revisions.

We may, but are not obligated to, provide notice of material changes via email (if you have provided us with your email address) or through a prominent notice on the Site. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site immediately.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check the Site for updates to these Terms.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. The modification or deletion of any provision shall not affect the validity and enforceability of the rest of these Terms, which shall continue in full force and effect.

In the event that any provision herein is found to be unenforceable as written, it is the intent of the parties that the remaining provisions be construed as broadly as possible to effectuate the original purpose and intent of this Agreement.

17. Entire Agreement

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

No failure or delay by Dave's Hot Chicken in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

18. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance under these Terms that is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, government orders or restrictions, strikes, labor disputes, war, terrorism, fire, flood, power outages, internet or telecommunications failures, or supply chain disruptions. In such circumstances, our obligations under these Terms will be suspended for the duration of the force majeure event.

19. Electronic Communications

By using the Site, you consent to receive electronic communications from Dave's Hot Chicken. These communications may include notices about your account, order confirmations, promotional offers, and other information. 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.

If you have opted in to receive marketing communications from us, you may opt out at any time by clicking the "unsubscribe" link in any promotional email or by contacting us at [email protected]. Please note that opting out of marketing communications will not affect transactional or service-related communications.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, your use of the Site, or our products and services, please do not hesitate to contact us using the following information:

We aim to respond to all inquiries within 3–5 business days. For urgent food safety concerns, please contact us immediately via email at [email protected].