Terms of Service

Effective Date: May 16, 2026  |  Last Updated: May 16, 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 Site located at daves-hotchicken.digital and all related services, content, features, and functionality offered by Dave's Hot Chicken.

By visiting, browsing, accessing, or using our Site — or by placing an order, making a purchase, creating an account, or otherwise interacting with our Services — you acknowledge that you have read, understood, and agreed to be bound by these Terms, including any additional guidelines, policies, and future modifications that may be posted on the Site from time to time.

If you are using our Services 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 that "you" refers collectively to both you as an individual and that entity.

You must be at least eighteen (18) years of age to use our Services. By accepting these Terms, you represent and warrant that you meet this minimum age requirement. We reserve the right to request proof of age at any time and to deny or terminate access to individuals who do not meet this requirement.

2. Description of Services

Dave's Hot Chicken is a food service business operating in the United States. Through our Site and associated platforms, we offer the following services and features:

• Online Menu Browsing: Users may browse our current menu offerings, view item descriptions, ingredients, nutritional information (where available), and pricing details.
• Online Ordering: Customers may place food orders for pickup or delivery through the Site or through third-party delivery platforms integrated with our Services.
• Order Tracking: Where available, customers may track the status of their orders through the Site.
• Account Registration: Users may create a personal account to save preferences, track order history, and access loyalty rewards or promotional offers.
• Promotions and Loyalty Programs: From time to time, we may offer promotional codes, discount offers, loyalty points, or special deals to registered users or newsletter subscribers.
• Customer Support: We provide customer service assistance via email at [email protected] and through other communication channels made available on the Site.
• Informational Content: The Site may contain blog posts, announcements, news, and other content related to our food offerings, company updates, and related topics.

Dave's Hot Chicken reserves the right to modify, suspend, expand, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you or any third party. We do not guarantee that any specific feature or service will remain available indefinitely.

We make reasonable efforts to ensure that menu items, pricing, and availability information displayed on the Site are accurate and current. However, menu offerings, ingredients, and prices are subject to change without prior notice. Availability of certain items may vary by location and time.

3. User Accounts and Registration

Certain features of our Services may require you to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Keep your account password and login credentials confidential and secure;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any breach of security;
• Accept full responsibility for all activities that occur under your account, whether or not you authorized such activities.

You may not create more than one account per individual, transfer your account to another person, or use another person's account without their express permission. Dave's Hot Chicken reserves the right to suspend or terminate any account at our sole discretion, with or without cause and with or without notice, particularly in cases where we suspect fraud, misuse, or violation of these Terms.

4. User Obligations and Prohibited Activities

By using our Site and Services, you agree to use them solely for lawful purposes and in compliance with these Terms. You further agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services.

4.1 General Obligations

You agree to:

• Use the Site and Services only for their intended purposes;
• Provide accurate information when placing orders or creating an account;
• Pay all applicable charges for orders placed through the Site in a timely manner;
• Respect the intellectual property rights of Dave's Hot Chicken and third parties;
• Comply with all applicable laws, including consumer protection laws enforced by the Federal Trade Commission ("FTC") and any applicable state regulations.

4.2 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities in connection with the Site and Services:

• Using the Site or Services for any fraudulent, deceptive, or unlawful purpose;
• Attempting to gain unauthorized access to any part of the Site, our servers, databases, or any systems connected to the Site;
• Transmitting or uploading any viruses, malware, spyware, or other malicious code designed to interfere with the operation of the Site or Services;
• Using automated tools, bots, scrapers, crawlers, or similar mechanisms to access, extract, or collect data from the Site without our express written consent;
• Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Site or its content for commercial purposes without our prior written authorization;
• Engaging in any activity that places an unreasonable or disproportionately large load on our infrastructure or systems;
• Interfering with or disrupting the integrity or performance of the Site, Services, or any related systems;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Collecting or harvesting personally identifiable information of other users without their explicit consent;
• Posting or transmitting any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable;
• Using our Services to send unsolicited commercial communications (spam) or engage in any form of unsolicited marketing;
• Attempting to circumvent any security features, content filtering systems, or access controls implemented on the Site;
• Engaging in any conduct that could damage, disable, or impair our reputation or the quality of our Services;
• Violating any applicable federal, state, or local law, regulation, or ordinance in connection with your use of the Services.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of the above prohibitions, including reporting such activities to law enforcement authorities and pursuing all available civil and criminal remedies.

5. Intellectual Property Rights

All content, materials, and information available on the Site, including but not limited to text, graphics, logos, photographs, images, audio and video clips, data compilations, software, and the overall look and feel of the Site (collectively, "Content"), are the exclusive property of Dave's Hot Chicken or its licensors, and are protected under United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The "Dave's Hot Chicken" name, logo, brand marks, 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 any of our trademarks without our prior written consent. Nothing in these Terms grants you any right, title, or interest in or to any intellectual property owned or licensed by Dave's Hot Chicken.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use. This license does not permit you to:

• Reproduce, modify, distribute, display, perform, or create derivative works based on any Content without our express written permission;
• Use any Content for commercial purposes or for any public display without authorization;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Site or in the Content;
• Frame or mirror any portion of the Site without our prior written consent.

Any unauthorized use of our Content or intellectual property may subject you to civil liability and criminal prosecution under applicable United States laws, including the Digital Millennium Copyright Act ("DMCA") and the Lanham Act.

6. Ordering and Payment Terms

When you place an order through our Site or affiliated ordering platforms, you agree to the following terms:

6.1 Order Placement

All orders placed through the Site are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our sole discretion, including in cases of pricing errors, suspected fraud, or unavailability of items. You will be notified promptly if your order is cancelled, and any payment made will be refunded in accordance with our refund policy.

6.2 Pricing and Fees

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. Delivery fees, service charges, and applicable taxes will be disclosed to you before you complete your purchase.

6.3 Payment Processing

Payments for orders are processed through secure third-party payment processors. By providing your payment information, you authorize us and our payment processors to charge the applicable amounts to your designated payment method. We do not store your full payment card details on our servers. All transactions are processed in accordance with applicable Payment Card Industry Data Security Standards ("PCI DSS").

6.4 Refunds and Cancellations

Once an order is confirmed and preparation has begun, cancellations may not be accepted. Refund requests arising from incorrect orders, food quality issues, or other valid concerns must be submitted to us within a reasonable time by contacting [email protected]. We will review each refund request on a case-by-case basis and process approved refunds in a timely manner to your original payment method.

6.5 Promotional Codes and Discounts

Promotional codes, discount offers, and loyalty rewards are subject to the specific terms and conditions attached to each promotion. Offers may not be combined, transferred, or redeemed for cash unless expressly stated. We reserve the right to modify or discontinue any promotional program at any time without prior notice.

7. Disclaimers

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY DAVE'S HOT CHICKEN ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT 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 regarding the accuracy, completeness, reliability, or timeliness of any content or information on the Site;
• Warranties that the Site or Services will be uninterrupted, error-free, or free of viruses or other harmful components;
• Warranties regarding the quality, safety, or suitability of any food products offered through our Services;
• Warranties that defects will be corrected or that the Site or its servers are free of viruses or other harmful elements.

Dave's Hot Chicken makes no representation or warranty regarding the accuracy of nutritional, allergen, or ingredient information provided on the Site. Customers with food allergies, dietary restrictions, or other medical conditions are strongly advised to contact us directly before placing an order to verify ingredient information.

We do not warrant or guarantee the outcomes of any transactions made through third-party delivery platforms or services linked to or integrated with our Site. Your use of such third-party platforms is governed by their respective terms of service and privacy policies.

8. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES;
• DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• DAMAGES ARISING FROM ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES ACCESSED THROUGH LINKS ON OUR SITE;
• ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE AND SERVICES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO DAVE'S HOT CHICKEN IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. In such jurisdictions, the above limitations and exclusions shall apply to the fullest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its officers, directors, employees, agents, affiliates, licensors, service providers, 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 or any applicable law or regulation;
• Your use or misuse of the Site or Services;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any content, information, or material you submit, post, or transmit through the Site;
• Any fraudulent, negligent, or otherwise wrongful acts or omissions by you in connection with the Services;
• Any dispute between you and any other user of the Site or Services.

Dave's Hot Chicken reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense of such matter. You may not settle any claim without our prior written consent if such settlement imposes any obligation or liability on Dave's Hot Chicken.

10. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services that are not owned or controlled by Dave's Hot Chicken, including third-party food delivery platforms, social media platforms, and payment processors. These links are provided for your convenience only and do not constitute our endorsement of, or responsibility for, any third-party content, products, services, or practices.

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 encourage you to review the terms of service and privacy policies of any third-party platforms you access through our Site. Your use of third-party services is entirely at your own risk.

11. Privacy and Data Protection

Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information 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 applicable regulations enforced by the Federal Trade Commission ("FTC").

By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy. We encourage you to review our Privacy Policy carefully before using the Site.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, including their formation, validity, binding effect, interpretation, performance, breach, or termination, 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 Dave's Hot Chicken operates, without regard to its conflict of law principles or provisions.

Subject to the dispute resolution provisions set forth below, you agree to submit to the exclusive personal jurisdiction and venue of the federal and state courts located in the United States for the resolution of any legal matters arising from these Terms. You hereby waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Your use of the Services may also be subject to other local, state, or federal laws and regulations. Dave's Hot Chicken makes no representation that the Content or Services offered through the Site are appropriate or available for use in all locations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable local laws.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or our Services, we encourage you to first contact us directly to seek an informal resolution. Please send a written description of your dispute to us at [email protected]. We will use good faith efforts to resolve any dispute informally within thirty (30) days of receiving your written notice.

13.2 Binding Arbitration

If the parties are unable to resolve a dispute informally within the time period specified above, both parties agree that any dispute, controversy, or claim arising out of or relating to these Terms, including the interpretation, validity, breach, or termination thereof, shall be resolved by binding arbitration administered by a reputable arbitration organization in accordance with its then-current rules and procedures. The arbitration shall be conducted in the English language, and the arbitrator's award shall be final and binding upon the parties.

The arbitration shall be conducted on an individual basis. You hereby waive any right to bring a class action, consolidated, or representative proceeding, and agree that disputes will be resolved solely on an individual basis. This class action waiver is a material term of these Terms, and if it is found to be unenforceable, the entire arbitration provision shall be null and void.

13.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or confidential information.

13.4 Statute of Limitations

Any claim or cause of action arising from or relating to these Terms or the use of our Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations to the contrary. This limitation applies regardless of the form in which the claim is brought.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use or access our Site and Services. Dave's Hot Chicken reserves the right, in its sole discretion, to suspend or terminate your access to the Site and Services, with or without notice and without liability to you, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or otherwise unlawful activity;
• Requests by law enforcement or regulatory authorities;
• Extended periods of inactivity;
• Discontinuation or material modification of the Services.

Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitation of liability, governing law, and dispute resolution provisions.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liabilities arising prior to such termination.

15. Changes to Terms of Service

Dave's Hot Chicken reserves the right to modify, update, or revise these Terms at any time in our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may notify registered users via email or through a notice posted on the Site.

Your continued use of the Site and Services following the posting of updated Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any changes. If you do not agree to the modified Terms, you must discontinue your use of the Site and Services immediately.

In some cases, we may provide additional notice of significant changes, such as through a pop-up notification on the Site or via email to the address associated with your account. However, we are not obligated to provide such additional notice for every change.

16. Severability

If any provision of these Terms is found to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

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

17. Entire Agreement

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

No modification or amendment to these Terms will be binding unless made in writing and signed by an authorized representative of Dave's Hot Chicken, except as otherwise provided herein.

18. Force Majeure

Dave's Hot Chicken shall not be liable for any delay or failure to perform our obligations under these Terms to the extent such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor disputes, power outages, internet or telecommunications failures, cyberattacks, or other events of force majeure. In such circumstances, our performance obligations shall be suspended for the duration of the force majeure event.

19. Consumer Protection Notice

Dave's Hot Chicken is committed to complying with all applicable federal and state consumer protection laws. Your rights as a consumer are protected under laws enforced by the Federal Trade Commission ("FTC"), including the FTC Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce. Where applicable, California customers may also have additional rights under the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA"). Nothing in these Terms is intended to limit or waive any consumer rights that cannot be lawfully disclaimed or excluded under applicable law.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation, please contact us using the information below. We are committed to responding to all inquiries in a timely and professional manner.

These Terms of Service were last updated on May 16, 2026. Dave's Hot Chicken reserves all rights not expressly granted herein.