Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at via313.digital (the "Site") or any services, products, or digital content offered by Via 313 (collectively, the "Services"). By accessing the Site, placing an order, creating an account, or otherwise interacting with any of our Services, you ("User," "Customer," or "you") agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site and Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Via 313 ("Company," "we," "us," or "our"). By using the Site or placing any food order through our platform, you represent and warrant that:

• You are at least 18 years of age, or the age of majority in your state of residence, whichever is greater;
• You have the legal capacity and authority to enter into a binding contract;
• You are not barred from receiving services under the laws of the United States or any applicable jurisdiction;
• You will use the Services in compliance with all applicable federal, state, and local laws and regulations;
• All information you provide to us is accurate, current, and complete.

If you are accessing the Services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms, and all references to "you" shall apply to both you individually and such entity.

Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. We reserve the right to modify these Terms at any time, as further described in Section 12 below.

2. Description of Services

Via 313 is a food and restaurant services company operating in the United States. Through the Site at via313.digital, we offer a range of food-related services, products, and digital experiences, which may include but are not limited to:

• Online Food Ordering: The ability to browse menus, select food items, customize orders, and place orders for pickup or delivery through our platform or partnered delivery networks;
• Menu Information and Nutritional Content: Display of current menu offerings, pricing, ingredient information, and allergen disclosures to assist customers in making informed choices;
• Catering and Event Services: Inquiry and booking services for catering orders, corporate events, private parties, and other large-scale food service arrangements;
• Digital Loyalty and Rewards Programs: Participation in any loyalty, rewards, or promotional programs offered through the Site, subject to program-specific terms;
• Gift Cards and Vouchers: The purchase and redemption of digital or physical gift cards valid for use toward food purchases;
• Customer Account Services: Creation and management of a personal customer account to track orders, save preferences, and manage payment methods;
• Informational and Marketing Content: News, promotions, special offers, recipe inspiration, and other content related to our food and brand.

Via 313 reserves the right to modify, suspend, discontinue, or expand any aspect of the Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

Availability of menu items, pricing, and services may vary by location, time of day, and other factors. Not all Services may be available in all geographic areas. We make no guarantee that any specific item will be available at the time of your order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Services, you agree to:

• Provide accurate, truthful, and complete information when registering for an account or placing an order;
• Maintain the security and confidentiality of your account credentials and promptly notify us of any unauthorized access;
• Update your account information to keep it current and accurate;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Promptly pay all amounts due for orders placed through the Site;
• Treat our employees, contractors, and other customers with respect and dignity.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities in connection with the Site or Services:

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or identity information; using stolen payment credentials; or attempting to obtain food or services through deception;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, other user accounts, or connected computer systems or networks through hacking, password mining, or any other means;
• System Interference: Uploading, transmitting, or distributing viruses, malware, spyware, ransomware, or any other malicious code that may damage or impair the functionality of the Site or any connected systems;
• Automated Scraping: Using bots, scrapers, crawlers, or other automated means to access the Site, collect data, or place orders without our express written consent;
• Intellectual Property Infringement: Reproducing, distributing, modifying, or creating derivative works from any content on the Site without prior written authorization from Via 313;
• Spam and Unsolicited Communications: Using our platform, messaging features, or customer contact information to send unsolicited commercial communications or spam;
• Abuse of Promotions: Creating multiple accounts or using deceptive means to abuse promotional codes, loyalty rewards, referral programs, or discounts;
• Defamatory or Harmful Content: Posting reviews, comments, or other content that is defamatory, harassing, threatening, obscene, or otherwise objectionable;
• Impersonation: Impersonating Via 313, its employees, agents, or any other person or entity;
• Illegal Activities: Using the Services in furtherance of any illegal activity, including but not limited to money laundering, fraud, or violation of any federal or state consumer protection laws;
• Interference with Operations: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that interferes with the proper functioning of the Site.

Via 313 reserves the right, in its sole discretion, to terminate or suspend your access to the Services for any violation of these provisions, without notice and without liability to you.

4. Account Registration and Security

To access certain features of the Site, you may be required to create a user account. When registering, you agree to provide accurate and complete information and to keep your account information updated. You are solely responsible for all activities that occur under your account, whether or not authorized by you.

You agree to immediately notify Via 313 at [email protected] if you become aware of any unauthorized use of your account or any other breach of security. Via 313 will not be liable for any loss or damage arising from unauthorized use of your account prior to your notification to us.

Via 313 reserves the right to refuse registration, cancel accounts, or remove or edit content in its sole discretion, including if we believe that a user has violated these Terms or applicable law.

5. Intellectual Property Rights

5.1 Ownership of Content

All content available through the Site, including but not limited to text, graphics, photographs, logos, menu designs, brand names, trademarks, service marks, trade dress, recipes, marketing materials, audiovisual content, software, and the overall look and feel of the Site (collectively, "Via 313 Content"), is owned by or licensed to Via 313 and is protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable laws.

5.2 Limited License to Users

Subject to your compliance with these Terms, Via 313 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 purposes in connection with ordering food or using our Services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from any Via 313 Content;
• Use any data mining, robots, or similar data gathering tools;
• Download or copy any portion of the Site for the benefit of another merchant or competitor;
• Use Via 313's name, logo, trademarks, or brand identity in any manner without prior written consent.

5.3 User-Submitted Content

If you submit reviews, photos, feedback, suggestions, or other content to Via 313 through the Site or any associated platform ("User Content"), you grant Via 313 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business and marketing activities. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

6. Ordering, Payment, and Pricing

6.1 Order Placement and Acceptance

When you place an order through the Site, you are making an offer to purchase the selected food items at the prices listed at the time of order submission. Via 313 reserves the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity. Your order is not confirmed until you receive an order confirmation via email or through the Site's interface.

6.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, service charges, or gratuities, which will be calculated and disclosed at checkout prior to order confirmation. Via 313 strives to ensure pricing accuracy on the Site; however, in the event of a pricing error, we reserve the right to cancel any orders placed at an incorrect price and to refund any amounts charged.

6.3 Payment Methods

Via 313 accepts major credit cards, debit cards, and other payment methods as displayed at checkout. By providing payment information, you represent that you are authorized to use the designated payment method and authorize Via 313 (or its payment processors) to charge the full amount of your order, including applicable taxes and fees. All payment transactions are processed through secure, PCI-DSS compliant third-party payment processors. Via 313 does not store your full payment card information on its servers.

6.4 Refunds and Cancellations

All sales are generally final upon order confirmation. If you experience an issue with your order — such as incorrect items, missing items, or food quality concerns — you must contact us within 24 hours of receipt at [email protected]. Via 313 will review each refund or cancellation request on a case-by-case basis and, where appropriate, may issue a full or partial refund, store credit, or replacement order at our sole discretion. We do not guarantee refunds for orders cancelled after preparation has begun.

6.5 Gift Cards

Gift cards are non-refundable, non-transferable, and have no cash value except where required by applicable state law. Lost or stolen gift cards will not be replaced. Gift cards are subject to any additional terms and conditions provided at the time of purchase.

7. Food Allergen and Dietary Information

Via 313 makes reasonable efforts to provide accurate allergen and nutritional information on the Site. However, our food products are prepared in kitchens where allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and other common allergens may be present. We cannot guarantee that any menu item is completely free of allergens or cross-contamination. Customers with severe food allergies, dietary restrictions, or medical conditions should exercise caution and are encouraged to contact us directly at [email protected] before placing an order to discuss their specific needs. Via 313 shall not be liable for any allergic reactions or adverse health effects arising from food consumed through our Services.

8. Third-Party Services and Links

The Site may contain links to third-party websites, delivery platforms, payment processors, or other services not operated by Via 313 ("Third-Party Services"). Such links are provided for your convenience only. Via 313 has no control over and assumes no responsibility for the content, privacy policies, or practices of any Third-Party Services. The inclusion of any link does not imply endorsement by Via 313 of the linked site or service. Your interactions with Third-Party Services are governed by those parties' own terms and privacy policies, and we encourage you to review them carefully. Via 313 shall not be responsible for any loss or damage arising from your use of or reliance on any Third-Party Services.

9. Disclaimer of Warranties

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY VIA 313 ARE OFFERED 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, VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS ON THE SITE WILL BE CORRECTED;
• WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, Via 313's warranties are limited to the minimum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIA 313, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED TO OR THROUGH THE SITE;
• ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SITE,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL VIA 313'S TOTAL CUMULATIVE 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 PAID BY YOU TO VIA 313 IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION APPLY EVEN IF THE REMEDIES AVAILABLE UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless Via 313 and its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, 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 or any applicable law or regulation;
• Your use or misuse of the Site or Services;
• Your User Content or any content you submit, post, or transmit through the Site;
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or consumer rights;
• Your fraudulent or deceptive conduct in connection with any order or transaction;
• Any claim that your use of the Services caused damage to a third party.

Via 313 reserves the right to assume exclusive control over the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with Via 313's defense of any such claims. You shall not settle any such claim without the prior written consent of Via 313.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Via 313 is domiciled, without regard to its conflict of law principles.

To the extent any dispute is not subject to binding arbitration as described in Section 13 below, you irrevocably consent to the exclusive personal jurisdiction of the state and federal courts located in the applicable United States jurisdiction where Via 313 maintains its principal place of business, and you waive any objection to the laying of venue of any such proceedings in such courts.

Via 313's Services and operations are subject to applicable federal laws and regulations, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts or practices in commerce, and all applicable United States food safety and consumer protection laws, including rules and regulations promulgated by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), as applicable.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Via 313 at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. Via 313 will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to arbitration as described below.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AND CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF THE SERVICES, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES THEN IN EFFECT, WHICH ARE AVAILABLE AT www.adr.org.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. The arbitrator shall have authority to award any remedy that would be available in a court of law. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

13.3 Class Action Waiver

YOU AND VIA 313 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Further, unless both parties 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

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying dispute.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or Services. Via 313 may, in its sole discretion and without prior notice or liability, terminate or suspend your access to all or any part of the Services for any reason, including but not limited to:

• Violation of these Terms or any applicable law or regulation;
• Conduct that Via 313 determines is harmful, abusive, or detrimental to other users, third parties, or Via 313's business interests;
• Fraudulent activity or attempted fraud;
• Non-payment of amounts owed for orders or services;
• Upon request by law enforcement or other government authorities.

Upon termination, your right to access and use the Services will immediately cease. You may also terminate your account at any time by contacting us at [email protected]. Termination of your account will not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations. All provisions of these Terms that by their nature should survive termination — including intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution provisions — shall survive any termination of these Terms.

15. Changes to These Terms

Via 313 reserves the right to modify, update, or replace these Terms at any time at its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In the event of material changes to these Terms, we may also provide additional notice through the Site or by sending an email to the address associated with your account.

Your continued use of the Site or Services following the posting of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services immediately and, if applicable, close your account. It is your responsibility to review these Terms periodically for changes.

16. Privacy and Data Protection

Your use of the 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 personal information obtained through your use of the Site and Services. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent that any users are located in California, additional rights may apply under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for details on how we handle California residents' personal information and how to exercise your rights.

17. Force Majeure

Via 313 shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government restrictions, war, terrorism, civil unrest, labor disputes, power failures, internet outages, supply chain disruptions, or other events of force majeure. In such circumstances, Via 313 will make reasonable efforts to notify you and to resume performance as soon as reasonably practicable.

18. Electronic Communications

By using the Site or Services or communicating with us via electronic means, you consent to receive communications from Via 313 electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Via 313 provides to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions included in such emails or by contacting us at [email protected].

19. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason by a court of competent jurisdiction or an arbitrator, then that provision shall be deemed severed from these Terms to the minimum extent necessary, and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions of these Terms shall continue in full force and effect. The invalid or unenforceable provision shall, to the extent possible, be modified to reflect the parties' original intent, and if such modification is not possible, it shall be replaced by a valid and enforceable provision that most closely achieves the same economic effect.

20. Waiver

No failure or delay by Via 313 in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any further exercise thereof or the exercise of any other right, power, or privilege under these Terms. A waiver of any provision of these Terms shall only be effective if made in writing and signed by an authorized representative of Via 313.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by Via 313 on the Site, constitute the entire agreement between you and Via 313 regarding your use of the Site and Services. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings — whether written or oral — between you and Via 313 with respect to the subject matter hereof. In the event of a conflict between these Terms and any other agreement between you and Via 313, these Terms shall control unless the other agreement expressly states otherwise.

22. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of Via 313. Via 313 may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets. Any purported assignment by you in violation of this section shall be null and void.

23. Accessibility

Via 313 is committed to providing an accessible digital experience for all users, including individuals with disabilities. We strive to maintain the Site in compliance with applicable web accessibility standards. If you experience any difficulty accessing any portion of the Site or Services, please contact us at [email protected] and we will make reasonable efforts to assist you and address the issue.

24. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your account, an order, or any aspect of our Services, please contact Via 313 through any of the following means:

Our team will make reasonable efforts to respond to all inquiries within a reasonable time frame during normal business hours. For urgent matters related to food safety, allergic reactions, or other health concerns, please contact your local emergency services or health authorities immediately.

These Terms of Service were last updated on March 29, 2026, and are effective as of the same date.