Terms of Service

Effective Date: July 25, 2026  |  Last Updated: July 25, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), the operator of the website located at daves-hotdelivery.click (the "Site") and all associated services, mobile experiences, and delivery operations. By visiting our Site, creating an account, placing an order, or otherwise interacting with any of our services, you expressly consent to and agree to be bound by these Terms.

These Terms apply to all visitors, registered users, and any other individuals who access or use our services in any capacity. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, you must not use our services on behalf of that entity.

Your continued use of the Site or services following the posting of any modifications to these Terms shall constitute your acknowledgment of such modifications and your consent to be bound by the revised terms. We encourage you to review these Terms periodically.

You must be at least eighteen (18) years of age to use our services or enter into this Agreement. By using our services, you represent and warrant that you meet this minimum age requirement. If you are under the age of 18, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Dave's Hot Chicken operates as an online food ordering and delivery service platform specializing in hot chicken and related food and beverage products. Our services include, but are not limited to, the following:

2.1 Online Ordering

We provide customers with the ability to browse our menu, customize orders, and place food orders through our website at daves-hotdelivery.click. Our menu offerings, pricing, availability, and options are subject to change at our sole discretion and without prior notice.

2.2 Food Delivery Services

We facilitate the delivery of food orders to addresses within our designated delivery zones. Delivery availability, estimated delivery times, and delivery fees may vary based on your location, time of day, order volume, and other operational factors. Estimated delivery times provided are approximations only and are not guaranteed.

2.3 Pickup Services

Where available, customers may select an in-store or curbside pickup option for their orders. Pickup availability is subject to store hours, operational capacity, and location-specific policies.

2.4 Customer Account Services

We offer registered users the ability to create and maintain an account on our platform for the purpose of managing orders, saving preferences, tracking delivery status, and accessing promotions or loyalty rewards where available.

2.5 Promotions and Special Offers

From time to time, Dave's Hot Chicken may offer promotional discounts, coupons, loyalty rewards, or special menu items. All promotions are subject to specific terms and conditions, availability, and expiration dates, which will be disclosed at the time of the promotion. We reserve the right to modify, suspend, or terminate any promotion at any time without notice.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, product, or content, with or without notice and without liability to you.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our services, you agree to the following obligations:

• You will provide accurate, current, and complete information when creating an account or placing an order, including your name, delivery address, contact information, and payment details.
• You will maintain the security of your account credentials and will not share your username or password with any third party. You are solely responsible for all activities that occur under your account.
• You will promptly notify us at [email protected] if you suspect any unauthorized use of your account or any other breach of security.
• You will use our services only for lawful purposes and in accordance with these Terms.
• You will ensure that someone of appropriate age is available at the delivery address to receive alcohol-containing orders where applicable and lawfully permitted.
• You will pay all charges incurred through your account, including applicable taxes, delivery fees, and service charges.

3.2 Prohibited Activities

You agree that you will not, under any circumstances, engage in any of the following prohibited activities:

• Use our services for any unlawful purpose or in violation of any federal, state, or local laws or regulations;
• Engage in fraudulent activity, including but not limited to submitting false orders, using stolen payment information, or providing false identity information;
• Attempt to gain unauthorized access to our systems, servers, databases, or networks, or to any other user's account;
• Use automated tools, bots, scrapers, crawlers, or other unauthorized means to access, collect data from, or interact with our Site;
• Interfere with or disrupt the integrity, performance, or security of our Site or services;
• Upload or transmit any malicious code, viruses, Trojan horses, worms, or any other disruptive software or data;
• Post, transmit, or distribute any content that is defamatory, obscene, offensive, harmful, or otherwise objectionable;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Collect or harvest any personally identifiable information from our Site without our express written permission;
• Use our services to send unsolicited commercial communications (spam);
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software associated with our Site;
• Resell, redistribute, or commercially exploit any content, product, or service obtained through our Site without our express written authorization;
• Place orders for the purpose of harassment, disruption, or other malicious intent toward our staff, delivery personnel, or other customers.

We reserve the right, in our sole discretion, to suspend or terminate your account and refuse service to any user who violates these Terms or engages in any prohibited activities.

4. Intellectual Property Rights

4.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and the overall look and feel of the Site (collectively, "Content"), is the exclusive property of Dave's Hot Chicken or its respective licensors and is protected by United States and international intellectual property laws, including but not limited to copyright law under the Copyright Act (17 U.S.C. § 101 et seq.) and trademark law under the Lanham Act (15 U.S.C. § 1051 et seq.).

4.2 Limited License to Users

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 Site and its Content solely for your personal, non-commercial use in connection with placing and managing food orders through our services. This license does not include the right to:

• Modify or create derivative works based on the Content;
• Reproduce, distribute, publicly perform, or publicly display the Content in any medium;
• Use any Content for any commercial purpose or in any manner not permitted by these Terms;
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.

4.3 User-Submitted Content

If you submit, post, or otherwise provide any reviews, feedback, comments, suggestions, ideas, or other content to us ("User Content"), you grant Dave's Hot Chicken a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license 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 the User Content you submit and that your User Content does not infringe upon the intellectual property rights or other rights of any third party.

4.4 Trademark Notice

Dave's Hot Chicken, the Dave's Hot Chicken 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 our prior written permission.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Menu prices, delivery fees, service charges, and applicable taxes will be clearly displayed during the checkout process prior to the completion of your order. You are responsible for all charges associated with your order, including applicable state and local sales taxes.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the checkout page. By providing your 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 all applicable fees and taxes.

5.3 Order Confirmation

Upon successful placement of your order, you will receive an electronic order confirmation via email or through the Site. This confirmation constitutes acceptance of your order and forms a binding contract for the purchase of the items specified therein. Dave's Hot Chicken reserves the right to cancel or refuse any order at its sole discretion, in which case you will receive a full refund for any amounts charged.

5.4 Refunds and Cancellations

Once an order has been confirmed and preparation has commenced, cancellations may not be possible. If you experience an issue with your order — such as missing items, incorrect items, or quality concerns — you must contact us within a reasonable time after delivery or pickup at [email protected]. Refunds, credits, or replacement orders will be issued at our sole discretion based on the nature of the issue. We do not guarantee refunds for subjective taste preferences.

5.5 Promotional Codes and Discounts

Promotional codes, discount vouchers, and coupons are subject to individual terms and conditions, may only be used once per customer unless otherwise stated, and cannot be combined with other offers unless expressly permitted. We reserve the right to void any promotional code that we believe has been obtained or used fraudulently or in violation of these Terms.

6. Disclaimers and As-Is Basis

6.1 General Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE AND ALL SERVICES, CONTENT, PRODUCTS, AND INFORMATION PROVIDED THROUGH IT ARE OFFERED 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, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty of Uninterrupted Service

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.3 Food and Allergen Disclaimer

While we make every effort to provide accurate ingredient and allergen information, we cannot guarantee that our products are free from cross-contamination with allergens. Our food products are prepared in a shared kitchen environment. Customers with food allergies or dietary restrictions are strongly advised to contact us directly at [email protected] before placing an order. Dave's Hot Chicken shall not be liable for any allergic reactions or adverse health effects resulting from the consumption of our products by individuals who failed to disclose or inquire about allergen information.

6.4 Third-Party Services

Our Site may contain links to third-party websites or services. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party services you access through our Site.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR DELIVERY PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you to the extent prohibited by applicable law. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.

The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Dave's Hot Chicken and you, and we would not be able to provide our services without such limitations.

8. Indemnification

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

• Your violation of these Terms;
• Your use or misuse of our services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or proprietary rights;
• Any User Content you submit, post, or transmit through our Site;
• Your fraudulent, harmful, or otherwise wrongful conduct;
• Any dispute between you and a third party in connection with our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such matter.

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 laws of the applicable state in which Dave's Hot Chicken is registered and operating, without regard to any conflict of law principles that would cause the application of the laws of another jurisdiction.

To the extent any claim is not subject to arbitration as described in Section 10 below, you hereby irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the United States for the resolution of any such claim or dispute. You waive any objection to the laying of venue of any such proceeding in said courts and waive any objection that such courts are an inconvenient forum.

These Terms are subject to and incorporate by reference all applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices in commerce, and applicable consumer protection laws. Users located in California acknowledge that the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) may provide additional rights with respect to their personal information, as further described in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Dave's Hot Chicken at [email protected] and provide a written description of the dispute, your proposed resolution, and your contact information. We will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If we cannot resolve the dispute within that period, either party may proceed with formal dispute resolution as described below.

10.2 Binding Arbitration

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

Except as expressly provided below, you and Dave's Hot Chicken agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or your use of our services (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which rules are available at www.adr.org. The arbitration shall be conducted in English, and any award rendered shall be final and binding on the parties.

10.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN EXPRESSLY 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 ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, 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.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened misappropriation or infringement of intellectual property rights.

10.5 Arbitration Costs

The costs of arbitration, including filing fees, shall be governed by the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees and costs in connection with the arbitration unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose, in which case the arbitrator may award attorneys' fees and costs to the prevailing party.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you continue to access or use our Site or services. Certain provisions of these Terms shall survive termination, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

11.2 Termination by You

You may terminate your account and your agreement to these Terms at any time by contacting us at [email protected] and requesting account deletion. Termination of your account will not relieve you of any obligations to pay outstanding amounts owed to us.

11.3 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your account and access to our services at any time, with or without cause, and with or without notice, including but not limited to cases where we believe you have violated these Terms, engaged in fraudulent activity, or acted in a manner harmful to our interests or those of other users. Upon termination, your right to use our services shall immediately cease.

11.4 Effect of Termination

Upon termination of your account, any pending orders that have not yet been prepared or dispatched may be cancelled at our discretion. We shall not be liable to you or any third party for any termination of your access to our services. Any provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

12. Changes to Terms

Dave's Hot Chicken reserves the right to revise, update, or modify these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of this page and, where appropriate, by sending you an email notification or posting a prominent notice on our Site.

Your continued use of our Site or services following the posting of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our services and, if applicable, delete your account. We encourage you to review these Terms periodically to stay informed of any updates.

No amendment or modification of these Terms by you shall be effective unless it is in writing and signed by an authorized representative of Dave's Hot Chicken.

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, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, consistent with the original intent of the provision. If no such modification is possible, the affected provision shall be deemed severed from these Terms without affecting the validity and enforceability of all remaining provisions.

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 by Dave's Hot Chicken shall not constitute a waiver of any subsequent default. No waiver by Dave's Hot Chicken of any provision hereof shall be effective unless made in writing and signed by an authorized representative of Dave's Hot Chicken.

14. Additional Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements 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, with respect to such subject matter.

14.2 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Dave's Hot Chicken may freely assign these Terms or any of its rights or obligations hereunder, including in connection with a merger, acquisition, sale of assets, or by operation of law, without restriction and without notice to you.

14.3 Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions or restrictions, labor disputes, power outages, supply chain disruptions, cyberattacks, or other events of force majeure. In such circumstances, we will make reasonable efforts to resume normal operations as quickly as possible.

14.4 Electronic Communications

By using our services, you consent to receive communications from us electronically, including via email or by posting notices on our 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, to the extent permitted by applicable law.

14.5 Headings

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

15. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, or if you need to reach us for any reason related to your use of our services, please contact us using the information below:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety, order issues, or billing disputes, please indicate the nature of your inquiry in your email subject line to expedite handling.