Terms of Service

Effective Date: May 20, 2026  |  Last Updated: May 20, 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 via313-food.click (the "Site"), as well as all related services, products, and content offered through the Site.

By accessing the Site, creating an account, placing a food order, subscribing to any service, or otherwise interacting with our platform in any manner, you represent and warrant that:

• You are at least 18 years of age, or the age of majority in your jurisdiction;
• You have the legal capacity to enter into binding contracts under applicable United States law;
• You are not barred from using the services under any applicable federal, state, or local laws;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Site on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" shall refer to such entity.

Your continued use of the Site following any updates or modifications to these Terms constitutes your acceptance of such changes. We reserve the right to update these Terms at any time, and it is your responsibility to review them periodically.

2. Description of Services

Via 313 is a food-related business operating in the United States, offering customers access to food products, ordering services, and related culinary experiences through our website at via313-food.click. Our services may include, but are not limited to, the following:

2.1 Online Food Ordering

We provide an online platform that allows customers to browse our menu, select food items, customize orders, and submit orders for pickup, delivery, or dine-in service, depending on availability and location. All orders are subject to confirmation and availability at the time of placement.

2.2 Menu and Product Offerings

Via 313 offers a variety of food and beverage products. All items described on the Site are subject to change without notice based on seasonal availability, ingredient sourcing, and operational decisions made by the Company. We reserve the right to modify, discontinue, or add any menu item at any time.

2.3 Account Services

Users may have the option to create an account on the Site to manage orders, save preferences, track delivery status, and access loyalty programs or promotions. Account creation is voluntary but may be required for certain features of the Site.

2.4 Promotions and Loyalty Programs

From time to time, Via 313 may offer promotional discounts, loyalty rewards, gift cards, or special offers. These promotions are governed by specific terms and conditions that will be communicated at the time of the offer and are subject to change or termination at any time without prior notice.

2.5 Third-Party Delivery Partners

In some instances, Via 313 may partner with third-party delivery services to facilitate order delivery. When you use a third-party delivery platform, you may be subject to that platform's own terms of service and privacy policy. Via 313 is not responsible for the acts, omissions, or services provided by any third-party delivery partner.

3. User Obligations and Prohibited Activities

By using our Site and services, you agree to use them only for lawful purposes and in accordance with these Terms. You are solely responsible for all activity that occurs under your account.

3.1 User Responsibilities

You agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use;
• Comply with all applicable federal, state, and local laws and regulations when using our services;
• Use the Site only for personal, non-commercial purposes unless expressly authorized in writing by Via 313;
• Pay all fees and charges associated with your orders in a timely manner;
• Treat our staff, delivery partners, and other users with respect and dignity.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site in any way that violates any applicable United States federal or state law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) or applicable consumer protection laws enforced by the Federal Trade Commission (FTC);
• Engage in any form of unauthorized access, hacking, scraping, or data mining of the Site or its systems;
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or other similar solicitation;
• Use any automated tools, robots, crawlers, or similar technology to access the Site without our express written permission;
• Introduce any viruses, Trojan horses, worms, or other malicious or harmful code to the Site;
• Impersonate or misrepresent your affiliation with any person or entity, including Via 313;
• Engage in fraudulent activity, including placing false orders, submitting fraudulent payment information, or submitting dishonest reviews;
• Attempt to reverse-engineer, decompile, or disassemble any portion of the Site;
• Reproduce, duplicate, copy, sell, or exploit any portion of the Site or its content without our express written consent;
• Harass, abuse, defame, or otherwise harm Via 313, its employees, or other users;
• Collect or harvest any personal data from the Site without authorization.

Violation of any of the above prohibitions may result in immediate termination of your account, refusal of service, and may expose you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

All content and materials available on the Site, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, data compilations, software, and other materials (collectively, "Content"), are the exclusive property of Via 313 or its licensors and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark laws under the Lanham Act (15 U.S.C. § 1051 et seq.).

4.1 Limited License

Subject to your compliance with these Terms, Via 313 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use. This license does not include any right to:

• Modify, reproduce, distribute, publicly display, or create derivative works from any Content;
• Use the Content for commercial purposes without prior written consent from Via 313;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.

4.2 Trademarks

The name "Via 313," our logo, and all related marks, trade names, and trade dress are trademarks or registered trademarks of Via 313. You may not use any of our trademarks without our prior written permission. Unauthorized use of our trademarks may constitute trademark infringement under applicable law.

4.3 User-Submitted Content

If you submit any content to the Site, including reviews, comments, photos, or feedback (collectively, "User Content"), you grant Via 313 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the operation and promotion of our business. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe any third-party intellectual property rights.

5. Payment Terms

When you place an order through via313-food.click, you agree to the following payment terms:

5.1 Pricing

All prices listed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time of your order confirmation shall govern the transaction. Via 313 reserves the right to correct any pricing errors, and we may cancel or refuse any order placed at an incorrect price.

5.2 Taxes and Fees

Applicable federal, state, and local taxes, delivery fees, service charges, and any other applicable fees will be calculated and displayed at checkout. You are responsible for paying all such amounts as part of your order. Tax rates may vary based on your delivery address and applicable local laws.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Site at the time of checkout. By providing payment information, you represent and warrant that the information is accurate and that you are authorized to use the designated payment method.

5.4 Order Cancellations and Refunds

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 wish to cancel an order, please contact us immediately at [email protected]. Refunds or credits may be issued at Via 313's sole discretion and will be evaluated on a case-by-case basis. Refunds, if approved, will be processed using the original payment method within a reasonable timeframe.

5.5 Failed Payments

Via 313 reserves the right to cancel any order for which payment cannot be successfully processed. In the event of payment failure, you will be notified and given an opportunity to update your payment information. We are not responsible for any consequences arising from failed payment transactions.

6. Limitation of Liability

To the fullest extent permitted under applicable United States federal and state law, Via 313 and 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:

• Loss of profits, revenue, or business opportunities;
• Loss of data or data corruption;
• Emotional distress or personal injury;
• Property damage;
• Any unauthorized access to or alteration of your transmissions or data;
• Any bugs, viruses, or other harmful code transmitted through the Site;
• Any errors or inaccuracies in the content of the Site;
• Any conduct of third parties, including delivery partners.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Via 313 has been advised of the possibility of such damage.

In no event shall Via 313's total aggregate liability to you for all claims arising out of or related to these Terms or your use of the Site exceed the greater of: (a) the total amount you paid to Via 313 in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars ($100.00 USD).

Some states do not allow the exclusion or limitation of certain types of damages. In such states, Via 313's liability is limited to the greatest extent permitted by applicable law.

7. Disclaimers

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY VIA 313 ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permissible under applicable law, Via 313 expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability: We do not warrant that our food products or services will meet your specific expectations or requirements;
• Fitness for a particular purpose: We make no warranty that the services are suitable for any specific use or purpose;
• Non-infringement: We do not warrant that the Site or its content does not infringe any third-party intellectual property rights;
• Accuracy and reliability: We do not warrant that the information on the Site is accurate, complete, current, or error-free;
• Uninterrupted access: We do not warrant that the Site will be available at all times, free from errors, or free from viruses or other harmful components.

7.1 Food Allergy Disclaimer

7.2 Nutritional Information Disclaimer

Any nutritional information provided on the Site is based on standard recipes and may vary depending on portion size, preparation method, ingredient substitutions, and other factors. This information is provided for general informational purposes only and should not be relied upon for medical or dietary decisions.

8. Indemnification

You agree to defend, indemnify, and hold harmless Via 313, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, "Indemnified Parties") from and against any 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 services in a manner not authorized by these Terms;
• 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 to the Site;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute you have with a third-party delivery service or other third party;
• Any claims brought by third parties arising from your use of our services.

Via 313 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Via 313 in asserting any available defenses.

9. Governing Law and Jurisdiction

These Terms of Service 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 Via 313 primarily operates, without regard to its conflict of law principles.

By using the Site and our services, you consent to the exclusive jurisdiction and venue of the applicable federal and state courts located within the United States for the resolution of any disputes arising under these Terms that are not subject to arbitration as described in Section 10 below.

These Terms are also subject to applicable federal consumer protection laws, including regulations enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.), and to any applicable state consumer protection statutes. If you are a California resident, you may also have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

10. Dispute Resolution

We encourage you to contact us first to resolve any concern or dispute. Please reach out to our customer service team at [email protected] before initiating any formal dispute resolution process.

10.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site and services, the parties agree to first attempt to resolve the dispute informally by providing written notice to the other party describing the nature and basis of the dispute and the specific relief sought. The parties shall have thirty (30) days from receipt of such notice to attempt to resolve the dispute through good-faith negotiation.

10.2 Binding Arbitration

If the dispute is not resolved through informal negotiation within thirty (30) days, you and Via 313 agree that the dispute shall be finally and exclusively resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as provided herein. The arbitration shall take place in the United States and shall be conducted in the English language.

The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could award, except as provided herein. The arbitrator's decision shall be final, binding, and non-appealable, except on the limited grounds for review under the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

10.3 Class Action Waiver

10.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Small claims court matters may also be excluded from mandatory arbitration at either party's option.

11. Term and Termination

These Terms shall remain in full force and effect while you use the Site or maintain an account with Via 313.

11.1 Termination by You

You may terminate your use of the Site and, if applicable, your account at any time by discontinuing your use of the Site and, if you have an account, by contacting us at [email protected] to request account deletion. Please note that termination does not affect any outstanding obligations or liabilities you may have incurred prior to termination, including payment for any completed orders.

11.2 Termination by Via 313

Via 313 reserves the right, in its sole discretion, to suspend or terminate your account and access to the Site at any time, with or without cause, and with or without notice. Grounds for termination may include, without limitation:

• Violation of these Terms or any applicable law;
• Fraudulent, abusive, or harmful conduct;
• Failure to pay for completed orders;
• Actions that may expose Via 313 or others to legal liability;
• Cessation of our business operations.

11.3 Effect of Termination

Upon termination of your account or access, all licenses granted under these Terms will immediately terminate. The following sections shall survive termination: Intellectual Property Rights, Payment Terms (with respect to outstanding obligations), Limitation of Liability, Disclaimers, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive.

12. Changes to Terms

Via 313 reserves the right to modify, amend, or update these Terms of Service at any time in its sole discretion. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on the Site at via313-food.click;
• Provide notice through the Site or via email to registered users, where reasonably practicable.

Your continued use of the Site or our services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Site immediately and may request deletion of your account by contacting us at [email protected].

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page for changes. Via 313 shall not be liable for any failure by you to review updated Terms.

13. Severability

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

The parties agree that the severed or modified provision should reflect, as closely as possible, the original intent of the parties as expressed in the original provision.

14. Additional Legal Provisions

14.1 Entire Agreement

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

14.2 Waiver

No waiver by Via 313 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 by Via 313 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Via 313. Via 313 may freely assign these Terms in connection with a merger, acquisition, sale of assets, or operation of law without notice to or consent from you. Any purported assignment in violation of this section shall be null and void.

14.4 Force Majeure

Via 313 shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond Via 313's reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, labor disputes, supply chain disruptions, or technical failures of third-party systems.

14.5 No Third-Party Beneficiaries

These Terms are for the benefit of you and Via 313 only and are not intended to confer any rights or benefits upon any third party. Nothing in these Terms shall create or be deemed to create a partnership, joint venture, agency, or franchise relationship between the parties.

14.6 Electronic Communications

By using the Site and providing your email address, you consent to receive electronic communications from Via 313 related to your account, orders, and our services. You acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

14.7 Compliance with Applicable Law

Via 313 operates in compliance with applicable United States federal laws, including but not limited to the FTC Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices, the Food Safety Modernization Act (FSMA), applicable state food safety regulations, and all other relevant federal, state, and local statutes, regulations, and ordinances governing food service businesses in the United States.

15. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact Via 313 using the following information: