Terms of Service

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

1. Acceptance of Terms

Welcome to Dave's Hot Chicken. 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 daveschicken.click (the "Site"), as well as any related services, features, content, applications, and functionality offered by Dave's Hot Chicken (collectively, the "Services").

By accessing, browsing, or using this Site or our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, customers, and others who access or use the Services.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services.

You must be at least 13 years of age to use our Site. If you are under 18 years of age, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to verify age and parental consent as required under applicable law, including the Children's Online Privacy Protection Act (COPPA).

2. Description of Services

Dave's Hot Chicken operates as a food service business offering customers the ability to browse our menu, place online orders for pickup or delivery, make reservations where applicable, access promotional offers, and engage with our brand through our website located at daveschicken.click.

Our Services include, but are not limited to:

• Online Menu Browsing: Customers may view our current menu items, pricing, allergen information, and nutritional data as made available through the Site.
• Online Ordering: Customers may place orders for food and beverages for pickup or delivery through our Site or third-party platforms integrated with our Services.
• Account Registration: Users may create an account to manage orders, save preferences, track loyalty rewards, and access exclusive promotions.
• Promotions and Loyalty Programs: We may offer promotional discounts, loyalty rewards, and special offers through the Site, subject to applicable terms and conditions.
• Customer Support: We provide customer support via email and other communication channels to assist with orders, inquiries, and complaints.
• Informational Content: We publish information about our locations, hours, food preparation methods, and company updates through the Site.

Dave's Hot Chicken reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of any Service or any portion thereof.

Menu items, prices, availability, and service hours are subject to change without prior notice. We do not guarantee the availability of any particular menu item at any time. Orders are subject to confirmation, and we reserve the right to cancel or decline any order at our sole discretion.

3. User Accounts and Registration

Certain features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to keep this information updated at all times. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. Dave's Hot Chicken will not be liable for any loss or damage arising from your failure to comply with this obligation.

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or the integrity of our Services.

4. User Obligations and Prohibited Activities

As a condition of using our Services, you agree to use the Site and all Services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations of the United States.

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

• Using the Site or Services for any fraudulent, deceptive, or unlawful purpose, including but not limited to placing fraudulent orders, submitting false information, or impersonating any person or entity.
• Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means.
• Engaging in any activity that interferes with or disrupts the Site, servers, or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site.
• Uploading, transmitting, or distributing any computer viruses, worms, malware, ransomware, or any software intended to damage or alter a computer system or data.
• Collecting or harvesting any personally identifiable information from the Site without our express written consent.
• Using automated means, including bots, scrapers, crawlers, or spiders, to access the Site or collect any content from the Site without prior written permission from Dave's Hot Chicken.
• Posting, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Violating any applicable federal, state, or local laws, including but not limited to consumer protection laws, food safety regulations, and electronic communications laws.
• Circumventing or attempting to circumvent any security features or measures implemented on the Site.
• Reselling or commercially exploiting any portion of the Services without our prior written consent.
• Misusing promotional codes, loyalty rewards, or discount offers, including creating multiple accounts to obtain additional promotional benefits.
• Engaging in any conduct that, in our sole judgment, restricts or inhibits any other person from using or enjoying the Site or Services.

Violation of any of the above prohibited activities may result in immediate termination of your account and access to our Services, and may also expose you to civil or criminal liability under applicable law. We reserve the right to cooperate with law enforcement authorities and to disclose information about users who violate these Terms.

5. Intellectual Property Rights

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

The trademarks, service marks, trade names, and logos ("Marks") of Dave's Hot Chicken displayed on the Site are registered or unregistered trademarks of Dave's Hot Chicken in the United States and other countries. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without our prior written permission.

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 the Services we offer. This license does not include:

• Any resale or commercial use of the Site or its Contents.
• Any collection and use of any product listings, descriptions, or prices.
• Any derivative use of the Site or its Contents.
• 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.

Any unauthorized use of the Content or Marks on this Site terminates the limited license granted herein. If you violate any of these Terms, your permission to use this Site automatically terminates, and you must immediately destroy any copies you have made of any portion of the Content.

If you submit any feedback, suggestions, reviews, comments, or other content ("User Content") to us, you grant Dave's Hot Chicken 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 to the User Content you submit.

6. Payment Terms

When you place an order through our Site or any integrated third-party ordering platform, you agree to pay the total order amount, including the cost of food and beverages, applicable taxes, delivery fees, and any other charges disclosed at the time of checkout.

We accept major credit cards, debit cards, and any other payment methods expressly indicated on our Site at the time of your transaction. All payments are processed through secure third-party payment processors. Dave's Hot Chicken does not store your complete payment card information on our servers.

All prices listed on our Site are in United States Dollars (USD) and are subject to applicable state and local sales taxes. Prices are subject to change without notice. The price charged for an order will be the price displayed on the Site at the time the order is placed.

You represent and warrant that any payment information you provide is accurate, current, and complete, and that you are authorized to use the payment method provided. By submitting your payment information, you authorize us to charge the applicable fees to your designated payment method.

In the event of a declined payment, we reserve the right to cancel your order. Refunds, if applicable, will be processed in accordance with our Refund Policy as posted on the Site. Dave's Hot Chicken reserves the right to dispute any chargebacks that we believe are fraudulent or in violation of these Terms.

For any billing inquiries or disputes, please contact us at [email protected] within 30 days of the transaction date.

7. Food Safety, Allergens, and Nutritional Information

Dave's Hot Chicken takes food safety seriously and complies with all applicable federal, state, and local food safety regulations, including regulations enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments.

While we make every effort to provide accurate allergen and nutritional information on our Site, we cannot guarantee that our food items are free from all allergens. Our kitchen facilities handle various ingredients that may include common allergens such as peanuts, tree nuts, gluten, dairy, eggs, soy, fish, and shellfish. Cross-contamination is possible.

You acknowledge that you are responsible for reviewing allergen and nutritional information and making informed decisions about your food choices. Dave's Hot Chicken shall not be liable for any adverse reactions, illness, or health consequences resulting from the consumption of our food products by individuals with known or unknown food allergies or dietary restrictions.

8. Disclaimers and "As-Is" Basis

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DAVE'S HOT CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
• WARRANTIES THAT THE SITE 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 SITE.

Dave's Hot Chicken does not warrant that the Site will meet your requirements, that the results obtained from the use of the Site will be accurate or reliable, or that any errors in the Site will be corrected. You acknowledge that your use of the Site and Services is at your sole risk.

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

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVE'S HOT CHICKEN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Dave's Hot Chicken and you. The Services would not be provided without such limitations. Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in their entirety.

Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be limited or excluded under applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken, its affiliates, licensors, service providers, employees, agents, officers, directors, and shareholders 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 of Service.
• Your use or misuse of the Site or Services.
• Your violation of any applicable federal, state, or local law, regulation, or third-party rights.
• Any content or User Content you submit, post, transmit, or otherwise make available through the Site.
• Your negligence, willful misconduct, or fraud.
• Any dispute between you and any third party arising out of or related to your use of the Services.

Dave's Hot Chicken reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Dave's Hot Chicken. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, platforms, or services that are not owned or controlled by Dave's Hot Chicken, including third-party delivery services, payment processors, and social media platforms. These links are provided for your convenience only.

Dave's Hot Chicken has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these third parties or their websites. You acknowledge and agree that Dave's Hot Chicken 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 use of or reliance on any such third-party content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

12. Governing Law and Jurisdiction

These Terms of Service 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 and the laws of the applicable state where the dispute arises, without regard to conflict of law principles.

Any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of the United States having appropriate jurisdiction. By accessing our Services, you consent and submit to the personal jurisdiction and venue of such courts.

For users located in California, please note that your use of the Services may also be subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as other applicable California state laws. Dave's Hot Chicken complies with all applicable provisions of these laws.

These Terms shall also be subject to the applicable provisions of the Federal Trade Commission Act (FTC Act) regarding unfair or deceptive acts or practices in commerce, as enforced by the Federal Trade Commission (FTC).

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Dave's Hot Chicken at [email protected] and provide a written notice describing the nature of the dispute, the relief sought, and any relevant documentation. Both parties agree to negotiate in good faith to resolve the dispute informally for a period of thirty (30) days following receipt of such notice. If the dispute cannot be resolved informally within this period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

If informal resolution fails, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or the Services (including disputes regarding the existence, validity, or termination of these Terms) shall be resolved exclusively through final and binding arbitration, rather than in court, except as provided in Section 13.4 below.

The arbitration shall be conducted by a recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules then in effect. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.

The arbitration shall be conducted in English. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Dave's Hot Chicken agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court located in the United States to maintain the status quo pending arbitration, and each party hereby agrees to submit to the personal jurisdiction of such courts for such purposes. A request for interim measures shall not be deemed a waiver of the obligation to arbitrate.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Site or Services or while you maintain an account with us. Dave's Hot Chicken reserves the right, in its sole discretion, to:

• Suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice.
• Refuse service to any person or entity for any reason, at any time.
• Delete any content or information that you have posted on the Site.
• Pursue any other remedy available under applicable law or 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 Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Termination of your account does not relieve you of any obligations to pay any fees or amounts owed to Dave's Hot Chicken prior to the date of termination.

15. Changes to Terms of Service

Dave's Hot Chicken reserves the right to modify, update, revise, or replace these Terms of Service at any time at our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date.
• Sending an email notification to the email address associated with your account (if applicable).
• Displaying a prominent notice on the Site homepage or within your account dashboard.

Your continued use of the Site or Services after any changes to these Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services immediately and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The date at the top of this page indicates when these Terms were last revised.

16. Privacy Policy

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, share, and protect your personal information. By agreeing to these Terms, you also acknowledge and agree to the terms of our Privacy Policy as posted on the Site.

We comply with applicable United States federal and state privacy laws, including the Federal Trade Commission Act (FTC Act), the Children's Online Privacy Protection Act (COPPA), and, where applicable, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms, and the remainder of these Terms shall continue in full force and effect with maximum enforceability.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect. The parties agree that any court or arbitrator shall have the authority to reform any invalid or unenforceable provision to give it the maximum effect permitted by applicable law.

18. Waiver

No waiver by Dave's Hot Chicken 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 Dave's Hot Chicken to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

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

No oral or written information or advice given by Dave's Hot Chicken or any of its authorized representatives shall create any warranty not expressly stated in these Terms.

20. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance under these Terms arising out of causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, war, terrorism, labor disputes, power outages, internet service disruptions, or any other event beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, Dave's Hot Chicken will use commercially reasonable efforts to resume performance as soon as practicable.

21. Electronic Communications and Notices

By using the Site and Services, you consent to receive electronic communications from Dave's Hot Chicken, including but not limited to emails, text messages, push notifications, and notices posted on the Site. 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.

Any notices to Dave's Hot Chicken required or permitted under these Terms must be sent by email to [email protected] and shall be deemed received when acknowledged by Dave's Hot Chicken in writing.

22. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, your rights under these Terms, or our Services, please contact us using the information below:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or health concerns, please contact your local health department or emergency services as appropriate.