Terms of Service

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

1. Acceptance of Terms

Welcome to Davanni's ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," or "you") and Davanni's, governing your access to and use of the website located at davannis.click (the "Site"), as well as any related services, features, content, applications, and ordering systems made available through the Site.

By accessing or using the Site, placing an order, creating an account, or otherwise interacting with our digital platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access or use the Site, including customers, browsers, vendors, and merchants.

If you are entering into this Agreement on behalf of a company or another legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "User" or "you" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept this Agreement and may not use the Site.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.

2. Description of Services

Davanni's operates as a food service business offering customers a range of culinary products and dining-related services, including but not limited to:

• Online ordering of food and beverage products for pickup or delivery
• Access to menus, promotional offers, and product information
• Catering and group order services
• Loyalty rewards programs (where applicable)
• Customer account management and order history tracking
• Gift card purchases and redemptions
• Nutritional and allergen information for menu items
• Customer support and feedback channels

All food products offered through our Site are prepared in accordance with applicable United States federal and state food safety regulations, including standards set forth by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), as well as local health department regulations. We strive to maintain the highest standards of food quality, hygiene, and service.

The availability of certain menu items, promotions, and services may vary based on your location, time of day, and other operational factors. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice.

3. Eligibility and User Requirements

To use our Site and services, you must meet the following eligibility requirements:

• You must be at least 13 years of age. Users under the age of 18 must have parental or guardian consent to use the Site and make purchases.
• You must be a legal resident of or be physically located within the United States at the time of use.
• You must provide accurate, current, and complete information when creating an account or placing an order.
• You must not have been previously suspended or removed from our platform for violations of these Terms.

By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not use the Site.

4. User Account Obligations

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:

• Provide accurate, truthful, and complete registration information
• Update your information promptly if it changes
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account or any other security breach at [email protected]
• Accept responsibility for all activities that occur under your account

We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion if we believe that account information is inaccurate, fraudulent, or in violation of these Terms.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our Site or services:

Violations of these prohibitions may result in immediate termination of your access to the Site, cancellation of pending orders, and, where applicable, referral to law enforcement authorities. We reserve all legal remedies available to us under applicable federal and state law.

6. Ordering, Payment, and Pricing

6.1 Order Placement

When you place an order through our Site, you are making an offer to purchase food products and services subject to these Terms. We reserve the right to accept or decline any order at our discretion. An order is confirmed only upon receipt of our written or electronic confirmation, which may be sent via email or displayed on the Site.

6.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, delivery fees, or service charges, which will be calculated and disclosed to you at checkout before you finalize your order. We make every effort to ensure that pricing information is accurate; however, in the event of a pricing error, we reserve the right to cancel or modify your order and notify you accordingly.

6.3 Payment

We accept major credit cards, debit cards, and other payment methods as indicated on the Site at the time of purchase. By providing 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 authorize us to charge the applicable amount to your payment method

All payment transactions are processed through secure third-party payment processors. We do not store your full payment card information on our servers. Payment processing is subject to the terms and privacy policies of the applicable payment processor.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you have concerns about a food product you received, including issues with quality, incorrect items, or missing items, please contact us at [email protected] within 24 hours of receiving your order. We will review your concern and, at our sole discretion, may offer a refund, store credit, or replacement as appropriate. Refunds, where approved, will be processed to the original payment method within 5–10 business days.

7. Delivery and Pickup

Delivery services, where available, are subject to delivery area restrictions, minimum order amounts, and estimated delivery timeframes. Delivery times are estimates only and may be affected by weather conditions, traffic, high order volume, and other factors beyond our control. We are not liable for delays in delivery that are outside our reasonable control.

If you select pickup, it is your responsibility to arrive at the designated location during the applicable pickup window. We are not responsible for orders that are not picked up within a reasonable time after the estimated ready time.

8. Food Allergen and Nutritional Information

We make reasonable efforts to provide accurate allergen and nutritional information on our Site. However, our food is prepared in facilities that may handle common allergens including but not limited to gluten, dairy, eggs, peanuts, tree nuts, soy, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens due to shared kitchen environments and equipment. If you have a food allergy or dietary restriction, please contact us directly before placing an order. We are not liable for any allergic reactions or adverse health events resulting from consumption of our food products.

9. Intellectual Property Rights

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

The Davanni's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Davanni's. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with our services. This license does not include:

• Any resale or commercial use of the Site or its Content
• Any collection and use of product listings, descriptions, or pricing
• Any derivative use of the Site or its Content
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

Unauthorized use of the Content may violate copyright, trademark, and other laws and could result in criminal and/or civil penalties. We actively enforce our intellectual property rights to the fullest extent permitted by law.

10. User-Generated Content

If you submit reviews, comments, feedback, photographs, or other content to us through the Site or our social media channels ("User Content"), you grant Davanni's 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 User Content throughout the world in any media.

You represent and warrant that you own or control all rights in and to the User Content, that the User Content is accurate, and that use of the User Content does not violate these Terms or cause injury to any person or entity. We reserve the right to remove any User Content at our discretion.

11. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Davanni's expressly disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that the Site will be uninterrupted, error-free, or free of viruses or other harmful components
• Warranties regarding the accuracy, reliability, or completeness of any content on the Site
• Warranties regarding the results that may be obtained from use of the Site

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or that any errors in the Site will be corrected.

12. Limitation of Liability

This limitation of liability applies regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and even if Davanni's has been advised of the possibility of such damages. Specifically, we are not liable for:

• Loss of profits, revenue, data, or business opportunities
• Damages resulting from unauthorized access to or alteration of your transmissions or data
• Damages resulting from the conduct of any third parties on the Site
• Damages resulting from delays or interruptions in service
• Personal injury or property damage resulting from your access to and use of the Site

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the greatest extent permitted by law. In no event shall our total liability to you for all claims arising from or related to the Site or our services exceed the amount you paid to us in the three (3) months preceding the event giving rise to the claim, or one hundred dollars ($100.00), whichever is greater.

13. Indemnification

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

• Your violation of these Terms
• Your use of the Site or our services
• Your User Content
• Your violation of any rights of a third party, including intellectual property rights or privacy rights
• Your violation of any applicable law, rule, or regulation
• Any claim that your User Content caused damage to a third party

We reserve the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

14. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Davanni's. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party sites you visit.

Our inclusion of links to third-party sites does not imply endorsement, approval, or recommendation of the content on such sites. You acknowledge and agree that Davanni's shall not be 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 any such third-party content, goods, or services.

15. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your information as described in our Privacy Policy. We are committed to protecting your privacy in compliance with applicable United States privacy 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 (FTC Act) governing unfair or deceptive practices. Please review our Privacy Policy for more information about how we collect, use, and protect your personal information.

16. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) 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 our operations are based, without regard to its conflict of law provisions.

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

Notwithstanding the foregoing, we reserve the right to bring any claim against you in any court of competent jurisdiction to protect our intellectual property rights or to enforce payment obligations.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] and provide a written description of the dispute, your name, contact information, and proposed resolution. We will attempt to resolve the dispute informally within 30 days of receipt of your notice. If the dispute is not resolved within that period, either party may proceed to the dispute resolution procedures set forth below.

17.2 Binding Arbitration

Except for claims involving injunctive relief to protect intellectual property rights, or claims that may be brought in small claims court, you and Davanni's agree to resolve any dispute, controversy, or claim arising out of or relating to these Terms or our services through binding arbitration. The arbitration shall be conducted under the rules of the American Arbitration Association (AAA) then in effect, which are available at www.adr.org.

The arbitration shall be conducted in the English language, and the arbitrator's decision shall be final and binding. The arbitrator shall have the authority to award any remedy that would be available in a court of law. The costs of arbitration, including arbitrator fees, shall be allocated in accordance with the AAA rules.

17.3 Class Action Waiver

18. California Consumer Rights

If you are a California resident, you may have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know about personal information collected, disclosed, or sold; the right to delete personal information; the right to opt-out of the sale of personal information; and the right to non-discrimination for exercising your privacy rights. For more information about how we handle California residents' personal information, please refer to our Privacy Policy or contact us at [email protected].

California residents may also contact the California Attorney General's office or the California Privacy Protection Agency (CPPA) if they believe their privacy rights have been violated.

19. Americans with Disabilities Act (ADA) Compliance

Davanni's is committed to ensuring that our website is accessible to individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any difficulty accessing any part of our website due to a disability, please contact us at [email protected] so that we can provide the information, item, or transaction you seek through an alternate communication method accessible to you.

20. Term and Termination

These Terms shall remain in full force and effect while you use the Site or maintain an account with us. We reserve the right, in our sole discretion, to:

• Terminate or suspend your account and access to the Site at any time, with or without cause or notice
• Block your access from a particular IP address
• Cancel any pending orders associated with a terminated account
• Pursue any other remedies available to us at law or in equity

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

21. Changes to Terms of Service

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or by posting a prominent notice on the Site. Changes to these Terms take effect when posted on this page, unless otherwise noted.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you must discontinue your use of the Site immediately. We encourage you to review these Terms periodically to stay informed about our policies.

22. Force Majeure

Davanni's shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, civil unrest, war, terrorism, government actions, labor disputes, internet outages, power failures, or any other events constituting force majeure. In such circumstances, our obligations under these Terms will be suspended for the duration of the force majeure event.

23. Electronic Communications

By using our Site and services, you consent to receive electronic communications from us, including emails, push notifications, and text messages (where you have opted in). These communications may include operational notices, transactional information, promotional offers, and other information relating to our services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

To opt out of promotional communications, you may follow the unsubscribe instructions included in any promotional email, or contact us at [email protected]. Please note that even if you opt out of promotional communications, you will continue to receive transactional emails related to your orders and account.

24. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and such other provisions shall remain in full force and effect.

The parties agree to replace any invalid or unenforceable provision with a valid provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.

25. Waiver

No failure or delay by Davanni's in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise of that right, power, or privilege or the exercise of any other right, power, or privilege. Our rights and remedies hereunder are cumulative and not exclusive of any rights or remedies that we would otherwise have at law or in equity.

26. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Davanni's concerning your use of the Site and our services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and Davanni's with respect to the Site and services.

No waiver by Davanni's of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Davanni's to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

27. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Davanni's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Davanni's may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

28. Headings

The section headings used in these Terms are for convenience only and shall not affect the interpretation of any provision of these Terms. References to sections include all subsections thereof.

29. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service or our services, please contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.