Terms of Service

Effective Date: May 16, 2026  |  Last Updated: May 16, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the website located at daves-hotchicken.rest (the "Website"), as well as any related online ordering platforms, mobile applications, digital services, and physical restaurant services offered by Dave's Hot Chicken (collectively, the "Services").

By using our Website, placing an order, creating an account, subscribing to any communications, or otherwise engaging with our Services in any way, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if between 13 and 17 years of age, you have obtained parental or legal guardian consent;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Services does not violate any applicable law or regulation.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to bind such entity to these Terms, and the term "you" shall refer to both you individually and such entity.

2. Description of Services

Dave's Hot Chicken is a food service business that provides customers with the ability to order, purchase, and enjoy hot chicken and related menu items. Our Services include, but are not limited to:

• Restaurant Dining Services: In-person dining experiences at our physical restaurant location(s), where customers may enjoy freshly prepared hot chicken and other menu offerings;
• Online Ordering: The ability to place food orders through our Website or affiliated third-party platforms for pickup or delivery;
• Delivery Services: Coordination of food delivery to your specified address, either directly or through third-party delivery partners;
• Catering Services: Bulk and event catering arrangements available upon request and subject to separate agreements;
• Loyalty and Rewards Programs: Any rewards, points, or promotional programs offered to registered customers;
• Informational Content: Menu information, nutritional details, promotional materials, and other content made available through our Website;
• Customer Communications: Email newsletters, promotional offers, and service notifications (subject to your communication preferences).

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict any aspect of our Services at any time, with or without notice. Dave's Hot Chicken shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Menu items, prices, availability, hours of operation, and service offerings may vary by location and are subject to change without prior notice. Please contact us or visit the Website for the most current information.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing orders;
• Maintain the security and confidentiality of any account credentials, passwords, or login information;
• Promptly notify us of any unauthorized use of your account or any security breach;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services;
• Treat our staff, other customers, and representatives with respect and civility at all times;
• Provide a valid delivery address and ensure someone is available to receive your order if delivery is selected.

3.2 Prohibited Activities

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

• Using the Website or Services for any fraudulent, deceptive, or unlawful purpose;
• Attempting to gain unauthorized access to any portion of the Website, our servers, databases, or any systems connected to our Services;
• Engaging in any form of scraping, data mining, automated data collection, or harvesting of any content or data from our Website without express written permission;
• Transmitting any viruses, malware, trojans, worms, or other harmful code through our Website or Services;
• Impersonating Dave's Hot Chicken, our employees, or any other person or entity;
• Posting or transmitting any content that is defamatory, obscene, threatening, abusive, harassing, or otherwise objectionable;
• Using our Services to send unsolicited commercial messages (spam);
• Attempting to reverse-engineer, decompile, disassemble, or otherwise discover the source code or underlying structure of our Website;
• Placing fraudulent or fictitious orders, including orders with no intention to pay;
• Abusing return, refund, or promotional policies in bad faith;
• Interfering with or disrupting the integrity or performance of the Website or Services;
• Using our intellectual property, trademarks, or brand assets without prior written authorization;
• Violating the rights of any third party, including privacy rights, intellectual property rights, or contractual rights.

Violation of these prohibitions may result in immediate termination of your access to our Services, and we reserve the right to pursue all available legal remedies, including but not limited to seeking injunctive relief and monetary damages.

4. Account Registration

Some features of our Website or Services may require you to register for an account. When creating an account, you agree to provide truthful and complete information and to keep such information updated. You are solely responsible for all activities that occur under your account.

Dave's Hot Chicken reserves the right to refuse service, terminate accounts, or remove or edit content at our sole discretion without notice. You may not create multiple accounts for abusive or fraudulent purposes. Accounts created using automated means or under false pretenses will be terminated.

5. Intellectual Property Rights

5.1 Ownership

All content available on or through the Website and Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, menus, branding, trade dress, and the overall "look and feel" of the Website (collectively, the "Content"), is the exclusive property of Dave's Hot Chicken or its content suppliers and is protected by United States copyright, trademark, trade secret, and other intellectual property laws.

5.2 Trademarks

The name "Dave's Hot Chicken," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dave's Hot Chicken or its affiliates. You may not use such marks without the prior written permission of Dave's Hot Chicken. All other names, logos, product and service names, designs, and slogans on our Website are the trademarks of their respective owners.

5.3 Limited License

Subject to your compliance with these Terms, Dave's Hot Chicken grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with the Services. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Website 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.

5.4 User-Submitted Content

If you submit, post, or transmit any feedback, reviews, comments, photographs, or other content through our Website or social media channels ("User Content"), you grant Dave's Hot Chicken a non-exclusive, worldwide, 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 in any media. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not violate any third-party rights or applicable laws.

6. Payment Terms

6.1 Pricing

All prices displayed on our Website or at our restaurant locations are in United States Dollars (USD) and are subject to applicable sales tax as required by federal, state, and local law. Prices are subject to change without notice. The price applicable to your order will be the price in effect at the time you place your order.

6.2 Payment Methods

We accept various forms of payment as indicated on our Website and at our restaurant locations, including major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including applicable taxes, fees, and delivery charges.

6.3 Order Confirmation

Once you submit an order, you will receive an order confirmation. This confirmation does not constitute acceptance of your order; it merely confirms receipt. We reserve the right to decline or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. In such cases, we will notify you and provide a full refund if payment has already been processed.

6.4 Refund and Cancellation Policy

Refund and cancellation requests are handled on a case-by-case basis. If you believe your order was incorrect, damaged, or not as described, please contact us promptly using the contact information provided below. We are committed to customer satisfaction and will work to resolve any legitimate concerns in a timely manner. Once an order has been prepared and dispatched for delivery, cancellations may not be possible. Unauthorized chargebacks or payment disputes may result in suspension of your account.

6.5 Promotional Offers and Gift Cards

Promotional offers, coupons, discounts, and gift cards are subject to their own specific terms and conditions, which will be communicated at the time of issuance. Promotional offers may not be combined unless expressly stated. Gift cards are non-refundable and have no cash value except where required by law.

7. Food Allergen and Dietary Information

Dave's Hot Chicken takes food safety seriously; however, our kitchen handles a variety of ingredients, including common allergens such as gluten, dairy, eggs, soy, tree nuts, peanuts, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens or cross-contamination. Customers with severe food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs. Dave's Hot Chicken is not responsible for any adverse reactions resulting from failure to disclose allergies or dietary restrictions.

8. Third-Party Services and Links

Our Website may contain links to third-party websites, services, or platforms, including delivery partners, payment processors, and social media platforms. These third-party links are provided for your convenience only. Dave's Hot Chicken does not control, endorse, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. Your interaction with any third-party service is governed solely by their respective terms and policies. We encourage you to review the terms and privacy policies of any third-party services you access through our Website.

9. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY 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 WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the greatest extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• DAMAGES ARISING FROM THIRD-PARTY SERVICES ACCESSED THROUGH OUR WEBSITE.

IN ALL CASES, DAVE'S HOT CHICKEN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO DAVE'S HOT CHICKEN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY — WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — AND REGARDLESS OF WHETHER DAVE'S HOT CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply in your jurisdiction.

11. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken, 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, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Website or Services, including any data or content you transmit or receive;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights;
• Any User Content you submit, post, or transmit through the Services;
• Your negligence, willful misconduct, or fraud.

Dave's Hot Chicken reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In that event, you agree to cooperate with our defense of such claims.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services, 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.

Subject to the dispute resolution provisions below, you agree to submit to the personal jurisdiction of the state and federal courts located in the United States for the resolution of any disputes not subject to arbitration. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms are subject to applicable United States federal law, including the Federal Trade Commission Act (FTC Act), which governs unfair or deceptive acts and practices in commerce. If you are a California resident, your use of the Services may also be subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), the details of which are addressed in our separate Privacy Policy.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute or claim informally by contacting Dave's Hot Chicken at [email protected]. We will make good-faith efforts to resolve the dispute within thirty (30) days of receiving your written notification. If the dispute is not resolved informally within that period, either party may pursue formal resolution as described below.

13.2 Binding Arbitration

Except as provided in Section 13.4 below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved through final and binding arbitration administered by a recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its then-current rules for consumer disputes. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive the right to participate in any class action lawsuit or class-wide arbitration. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

13.4 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 intellectual property rights or confidential information. Small claims court actions that otherwise qualify may also be brought in small claims court.

13.5 Arbitration Costs

The costs of arbitration, including filing fees, shall be allocated in accordance with the applicable arbitration rules. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines that an award of attorneys' fees is appropriate under applicable law.

14. Term and Termination

14.1 Term

These Terms shall remain in full force and effect for as long as you use the Website or Services or maintain an account with Dave's Hot Chicken.

14.2 Termination by You

You may terminate your account and cease using our Services at any time by contacting us at the information provided below. Termination of your account does not relieve you of any obligations arising prior to the termination date, including any payment obligations.

14.3 Termination by Dave's Hot Chicken

Dave's Hot Chicken reserves the right, in its sole discretion, to terminate or suspend your account and access to the Services at any time and for any reason, including but not limited to:

• Violation of these Terms;
• Fraudulent, abusive, or illegal activity;
• Non-payment or chargeback disputes;
• Behavior that is harmful to other customers, our staff, or the reputation of Dave's Hot Chicken;
• Cessation of business operations.

14.4 Effect of Termination

Upon termination, your right to access and use the Services immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification obligations, limitation of liability, and dispute resolution provisions.

15. Changes to Terms

Dave's Hot Chicken reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on our Website at daves-hotchicken.rest;
• Where appropriate, provide additional notice via email or a prominent notice on our Website.

Your continued use of the Website or Services after any such modifications constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must immediately discontinue use of the Services. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with applicable law, such provision shall be 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, and the remaining provisions shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

17. Entire Agreement and Waiver

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

The failure of Dave's Hot Chicken to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any default shall not constitute a waiver of any subsequent default. No waiver shall be effective unless made in writing and signed by an authorized representative of Dave's Hot Chicken.

18. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in the performance of its obligations under these Terms caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, storm, war, terrorism, government actions, labor disputes, utility failures, or internet outages. In such events, Dave's Hot Chicken's obligations shall be suspended for the duration of the force majeure event, and we will make commercially reasonable efforts to resume normal operations as soon as practicable.

19. Children's Use

Our Services are not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13 years of age. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us immediately at [email protected], and we will take steps to remove such information and terminate the associated account. Users between the ages of 13 and 17 may only use the Services with the consent and supervision of a parent or legal guardian who agrees to these Terms.

20. Electronic Communications and Consent

By using our Services or providing your email address, you consent to receiving electronic communications from Dave's Hot Chicken, including order confirmations, promotional emails, newsletters, and other service-related messages. You acknowledge that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may opt out of non-essential marketing communications at any time by following the unsubscribe instructions provided in our emails or by contacting us directly.

21. Accessibility

Dave's Hot Chicken is committed to ensuring that our Website is accessible to people with disabilities. We strive to meet applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Website or Services, please contact us at [email protected], and we will work to provide you with an accessible alternative or accommodation.

22. No Agency or Partnership

Nothing in these Terms shall be construed to create any partnership, joint venture, employment relationship, franchise relationship, or agency relationship between you and Dave's Hot Chicken. You do not have any authority to bind Dave's Hot Chicken to any obligation or representation.

23. Assignment

You may not assign or transfer any of your rights or obligations under these Terms, in whole or in part, without the prior written consent of Dave's Hot Chicken. Dave's Hot Chicken may assign or transfer these Terms, or any of its rights or obligations hereunder, at any time without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this section shall be null and void.

24. Headings

The section headings used in these Terms are included for convenience and reference purposes only and shall not affect the interpretation or construction of any provision of these Terms.

25. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact Dave's Hot Chicken for any reason related to these Terms or our Services, please reach out to us using the following contact information:

We will make every effort to respond to your inquiries in a timely and professional manner. For urgent matters related to an existing order or food safety concern, please contact us directly via email for the fastest response.