Terms of Service

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

1. Acceptance of Terms

Welcome to Marcos ("Company," "we," "us," or "our"), a food service business operating through our website located at cafe-marcos.click (the "Website"). These Terms of Service ("Terms," "Agreement") govern your access to and use of our Website, mobile ordering platforms, in-store services, catering services, delivery services, and all related services offered by Marcos (collectively, the "Services").

By accessing or using our Website or Services, placing an order, creating an account, or otherwise interacting with Marcos, you ("User," "Customer," or "you") expressly agree to be bound by these Terms, our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features of our Services, all of which are incorporated herein by reference.

If you do not agree to these Terms, you must immediately discontinue use of our Website and Services. Your continued use of our Website or Services following the posting of any changes constitutes your acceptance of those changes.

These Terms apply to all visitors, users, customers, and others who access or use our 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 that entity to these Terms, and in that case, "you" refers to such entity.

You must be at least 18 years of age to use our Services, or if you are between the ages of 13 and 18, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using our Services, you represent and warrant that you meet the applicable age requirements.

2. Description of Services

Marcos is a food service business that offers the following products and services:

2.1 Food and Beverage Products

We offer a variety of food and beverage products including but not limited to prepared meals, snacks, beverages, and specialty food items. Our menu is subject to change without prior notice, and product availability may vary based on location, season, and other factors.

2.2 Online Ordering

Our Website allows customers to browse our menu, place orders for pickup or delivery, and pay for their orders online. Online ordering services are subject to availability and may be limited by geographic location, operating hours, and other factors.

2.3 Delivery Services

Where available, we offer delivery services directly or through third-party delivery partners. Delivery availability, fees, minimum order amounts, and estimated delivery times are displayed at the time of ordering. Actual delivery times may vary due to traffic, weather, demand, and other factors beyond our control.

2.4 Catering Services

We may offer catering services for events, parties, corporate functions, and other gatherings. Catering orders are subject to separate agreements and may require advance notice, deposits, and minimum order requirements.

2.5 Loyalty Programs and Promotions

From time to time, we may offer loyalty programs, promotional discounts, coupons, gift cards, and other incentive programs. These programs are subject to their own terms and conditions and may be modified or discontinued at any time without prior notice.

2.6 Website and Digital Services

Our Website provides informational content, menu details, nutritional information, online ordering functionality, customer account management, and other digital services to enhance your experience with Marcos.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account.
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of our Services.
• Ensure that any information you provide is truthful, accurate, and not misleading.
• Pay all charges incurred through your account at the prices in effect when such charges are incurred, including applicable taxes and fees.
• Use our Services only for lawful purposes and in accordance with these Terms.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Services for any fraudulent, illegal, or unauthorized purpose.
• Attempt to gain unauthorized access to any portion of our Website, computer systems, servers, or networks connected to our Services.
• Introduce viruses, Trojan horses, worms, malware, ransomware, or any other malicious or harmful code to our Website or systems.
• Use automated tools, bots, scrapers, spiders, or any other means to collect data from our Website without our express written permission.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software associated with our Website or Services.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Place fraudulent orders, provide false information, or engage in any deceptive practices in connection with our Services.
• Harass, threaten, intimidate, or abuse our employees, staff, contractors, or other customers.
• Post, transmit, or share any content that is defamatory, obscene, offensive, or violates any third-party rights, including intellectual property rights.
• Use our Services to send unsolicited communications, spam, or promotional materials.
• Circumvent, disable, or interfere with security features of our Website or Services.
• Engage in any activity that could damage, overburden, impair, or compromise our systems, servers, or networks.
• Violate any applicable local, state, federal, or international law or regulation.
• Attempt to resell or redistribute our products or Services without our prior written consent.
• Create multiple accounts for abusive, deceptive, or fraudulent purposes.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting to law enforcement authorities and terminating the violator's access to our Services.

4. Intellectual Property Rights

4.1 Ownership

The Website and its entire contents, features, and functionality — including but not limited to all text, photographs, images, graphics, logos, trademarks, service marks, trade names, icons, video content, audio content, software, and the design, selection, and arrangement thereof — are owned by Marcos, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Website solely for your personal, non-commercial use in connection with obtaining our Services. This license does not include any rights to:

• Modify or copy the materials on our Website.
• Use the materials for any commercial purpose or public display.
• Remove any copyright, trademark, or other proprietary notices from our materials.
• Transfer the materials to another person or "mirror" the materials on any other server.

4.3 Trademarks

The Marcos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Marcos or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4.4 User-Generated Content

If you submit, post, or transmit any content through our Website, social media channels, or other platforms in connection with Marcos (including reviews, comments, photos, or suggestions), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or control all rights to any content you submit and that such content does not violate these Terms or any applicable law.

5. Payment Terms

5.1 Pricing

All prices displayed on our Website are in U.S. dollars and are subject to change without prior notice. We make every effort to display accurate prices; however, errors may occur. If we discover a pricing error in your order, we will notify you and provide the option to either reconfirm your order at the correct price or cancel your order for a full refund.

5.2 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as indicated on our Website at the time of purchase. All payments are processed through secure, third-party payment processors. By submitting your payment information, you authorize us to charge the total amount of your order, including applicable taxes, delivery fees, and any other charges, to your designated payment method.

5.3 Taxes

All applicable federal, state, and local taxes will be added to your order total as required by law. Tax rates may vary depending on the nature of the product and your location.

5.4 Order Confirmation

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason at any time after receipt of your order. If we cancel your order after you have been charged, we will issue a full refund to your original payment method.

5.5 Refunds and Cancellations

Our refund and cancellation policies vary depending on the type of order and circumstances. In general:

• Orders may be cancelled within a reasonable timeframe before preparation begins. Once an order is in preparation, cancellations may not be accepted.
• If you receive an incorrect, incomplete, or unsatisfactory order due to our error, please contact us immediately at [email protected]. We will work to resolve the issue through a refund, credit, or replacement at our discretion.
• Catering deposits may be non-refundable as specified in the catering agreement.
• Gift cards and promotional credits are non-refundable and have no cash value unless required by applicable law.

6. Limitation of Liability

6.1 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARCOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

6.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by applicable law. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

7. Disclaimers

7.1 As-Is Basis

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

7.2 No Warranty of Accuracy

We do not warrant that our Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from the use of our Website will be accurate or reliable. You download or otherwise obtain any material through our Website at your own discretion and risk.

7.3 Food and Allergen Information

While we make reasonable efforts to provide accurate nutritional and allergen information, we cannot guarantee that our food products are free from allergens or contaminants. Our products are prepared in facilities that handle common allergens including but not limited to gluten, dairy, eggs, nuts, soy, shellfish, and fish. If you have food allergies or sensitivities, it is your responsibility to inquire about ingredients before consuming our products. We strongly recommend that customers with severe food allergies exercise caution and consult with our staff directly before placing an order.

7.4 Third-Party Services

Our Website may contain links to third-party websites, services, or resources, including third-party delivery platforms. We are not responsible for the availability, content, privacy practices, or policies of such third-party services. Links to third-party websites do not constitute our endorsement of those sites or their content.

8. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its affiliates, officers, directors, employees, agents, licensors, and service providers 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 of our Services, including any information you provide or submit in connection therewith.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights.
• Any content you submit or transmit through our Website or Services.
• Your conduct, negligence, or willful misconduct.
• Any misrepresentation you make to us or through our Services.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

9. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related 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 and the applicable state laws, without giving effect to any choice of law or conflict of law provisions.

You agree that any legal action or proceeding relating to your use of our Services or these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

To the extent applicable, we also comply with the Federal Trade Commission Act (FTC Act) and other applicable federal consumer protection laws and regulations governing food service businesses and electronic commerce in the United States.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within thirty (30) days of receipt of your notice. If the dispute is not resolved within this period, either party may proceed with formal dispute resolution.

10.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT OR INVOLVE REQUESTS FOR INJUNCTIVE OR EQUITABLE RELIEF, YOU AND MARCOS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG.

THE ARBITRATION SHALL BE CONDUCTED IN THE UNITED STATES. THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

10.3 Class Action Waiver

YOU AND MARCOS EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of first accepting these Terms by sending a written notice to us at [email protected] with the subject line "Arbitration Opt-Out." If you opt out, you and Marcos each agree to submit to the exclusive jurisdiction of the courts located in the United States for the resolution of any dispute.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you use our Services or maintain an account with us, whichever is longer.

11.2 Termination by You

You may terminate your account and cease using our Services 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 incurred prior to termination.

11.3 Termination by Us

We reserve the right 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 circumstances where:

• You have violated any provision of these Terms.
• We determine that your use of our Services poses a risk to us, other users, or third parties.
• We are required to do so by law or legal process.
• We discontinue or materially modify our Services.
• You engage in fraudulent, abusive, or otherwise unlawful activity.

11.4 Effect of Termination

Upon termination, your right to access and use our Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property provisions, disclaimers, indemnification, limitations of liability, dispute resolution, and governing law.

12. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. When we make material changes to these Terms, we will provide notice by:

• Posting the revised Terms on our Website with an updated "Last Updated" date.
• Sending an email notification to registered account holders (where we have your email address on file).
• Displaying a prominent notice on our Website homepage.

Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using our Services. We encourage you to review these Terms periodically to stay informed of any updates.

13. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect to the fullest extent permitted by law. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, consistent with the original intent of the parties. The invalidity of any provision in a given jurisdiction shall not affect the validity of that provision in any other jurisdiction.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated herein by reference, constitute the entire agreement between you and Marcos with respect to your use of our Services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and Marcos with respect to the subject matter hereof.

14.2 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any default is not a waiver of any subsequent default. No waiver shall be effective unless made in writing and signed by an authorized representative of Marcos.

14.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.4 Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, labor disputes, supply chain disruptions, power outages, internet outages, or any other event of force majeure.

14.5 Electronic Communications

By using our Services and providing us with your email address or phone number, you consent to receive electronic communications from us, including emails, text messages, push notifications, and other digital communications related to your account, orders, promotions, and other aspects of our Services. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

14.6 California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please review our Privacy Policy for more information about your California privacy rights. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

14.7 Headings

Section headings and titles in these Terms are for convenience only and have no legal or contractual effect on the interpretation of these Terms.

14.8 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Marcos and do not create any third-party beneficiary rights. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

15. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us through any of the following means:

We will make every effort to respond to your inquiries within five (5) business days. For urgent matters related to food safety or order issues, please contact us by email with "URGENT" in the subject line.