Terms of Service

Effective Date: May 10, 2026  |  Last Updated: May 10, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the Website daves-chicken.click, including all content, features, services, and functionality offered on or through the Website.

By accessing the Website, placing an order, creating an account, or otherwise engaging with our services, you affirm that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
• You have the legal capacity to enter into a binding contract;
• You are not prohibited by any applicable law from using our services; and
• You have read and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are accessing or using this Website on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and that the entity agrees to be bound by these Terms.

2. Description of Services

Dave's Hot Chicken operates as a food service business offering hot chicken products, meals, sides, beverages, and related food and beverage items (collectively, the "Products"). Through our Website, we provide the following services:

• Online Menu Browsing: Users may access and view our full menu offerings, including descriptions, images, pricing, and nutritional information where available.
• Online Ordering: Users may place orders for food and beverage items through the Website for pickup, dine-in, or delivery (where applicable and available in your area).
• Account Management: Users may create and manage personal accounts to save preferences, view order history, and manage payment information.
• Promotional and Loyalty Programs: Users may participate in promotions, discounts, coupon offers, and loyalty reward programs as made available from time to time.
• Customer Support: Users may contact us with questions, concerns, complaints, or feedback regarding our Products and services.
• Catering and Group Orders: Users may inquire about or place catering orders for events and group dining occasions.

We reserve the right to modify, suspend, or discontinue any part of the services at any time without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

Availability of menu items, pricing, delivery zones, and hours of operation may vary by location and are subject to change without notice. Images displayed on the Website are for illustrative purposes only and may not accurately represent the exact appearance of the food items served.

3. User Accounts and Registration

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

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

We reserve the right to suspend or terminate your account at any time, for any reason, including but not limited to violation of these Terms, fraudulent activity, or abuse of our services. We are not liable for any loss or damage arising from your failure to comply with these account security obligations.

4. User Obligations and Prohibited Activities

As a condition of your use of the Website, you agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone's use or enjoyment of the Website. You agree to comply with all applicable local, state, federal, and international laws, regulations, and rules.

4.1 User Obligations

You agree to:

• Provide truthful, accurate, and non-misleading information in all interactions with us;
• Use the Website and services only for personal, non-commercial purposes unless expressly authorized by us in writing;
• Pay for all orders placed through the Website in accordance with the payment terms described herein;
• Comply with any applicable food allergy disclosures and provide accurate information about dietary restrictions or allergies when placing orders; and
• Treat our staff, delivery partners, and other users with courtesy and respect.

4.2 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities:

• Using the Website for any illegal or unauthorized purpose;
• Attempting to gain unauthorized access to any part of the Website, our servers, or any system or network connected to our Website;
• Transmitting any viruses, malware, spyware, or any other harmful, disruptive, or destructive code or files;
• Using any automated means, including bots, scrapers, crawlers, or other data collection tools, to access or interact with the Website without our prior written consent;
• Engaging in any conduct that restricts or inhibits any other user's use or enjoyment of the Website;
• Posting, submitting, or transmitting any content that is defamatory, obscene, abusive, threatening, harassing, fraudulent, or otherwise objectionable;
• Impersonating any person or entity, including our employees, representatives, or other users;
• Attempting to manipulate pricing, promotions, or loyalty programs through fraudulent means;
• Placing fraudulent, fictitious, or unauthorized orders;
• Engaging in any activity that could damage, disable, overburden, or impair our Website or servers; and
• Collecting or harvesting any personal information about other users from the Website without their consent.

Violation of any of the above prohibited activities may result in immediate termination of your account, referral to law enforcement authorities, and/or legal action against you.

5. Ordering, Payment, and Pricing

5.1 Placing Orders

When you place an order through our Website, you are making an offer to purchase the selected Products at the stated price. We reserve the right to accept or decline your order at our sole discretion. A confirmation of your order via email or on-screen notification does not constitute our acceptance of your order; acceptance occurs upon our confirmation that your order has been prepared for fulfillment.

We reserve the right to cancel any order at any time due to unavailability of items, errors in pricing or product descriptions, suspected fraud, or other circumstances beyond our control.

5.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change at any time without prior notice. Any applicable delivery fees, service charges, or gratuity options will be disclosed to you at checkout prior to final submission of your order.

In the event of a pricing error on our Website, we reserve the right to correct such errors and cancel any affected orders, even if you have received an order confirmation. We will notify you promptly if such a situation arises.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Website at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge the applicable fees to that payment method.

All payment transactions are processed through secure third-party payment processors. We do not store complete credit card information on our servers. Your payment information is subject to the terms and privacy practices of the applicable payment processor.

5.4 Refunds and Cancellations

Due to the perishable nature of our food Products, all sales are generally final. Refunds or credits may be considered on a case-by-case basis at our sole discretion in the event of an error on our part, such as an incorrect or missing item. To request a refund or address an order issue, please contact us promptly at [email protected]. Refund requests submitted more than twenty-four (24) hours after the order is delivered or picked up may not be considered.

6. Delivery and Pickup

Delivery services may be fulfilled by third-party delivery partners. We are not responsible for delays, errors, or issues caused by third-party delivery services. Estimated delivery times provided are approximations only and are not guaranteed. Risk of loss and title for food items pass to you upon delivery or pickup, as applicable.

You are responsible for ensuring that you or an authorized representative is available to receive your order at the designated pickup or delivery location. We are not responsible for orders that cannot be delivered due to an incorrect address provided by you or unavailability at the delivery location.

7. Food Safety, Allergens, and Dietary Information

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

• Our kitchen facilities handle common allergens including, but not limited to, peanuts, tree nuts, wheat, gluten, soy, dairy, eggs, fish, and shellfish;
• Cross-contamination may occur during preparation, and we cannot guarantee that any item is free from allergens;
• Nutritional and ingredient information provided on the Website is approximate and may vary by location or preparation method;
• It is your sole responsibility to inform us of any food allergies or dietary restrictions when placing your order; and
• Individuals with severe food allergies should exercise extreme caution and consult a healthcare professional before consuming our Products.

We shall not be held liable for any allergic reaction, illness, or adverse health event arising from consumption of our Products where you failed to disclose relevant dietary needs or where we clearly disclosed the presence of allergens.

8. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design, layout, and appearance of the Website (collectively, "Content"), is the property of Dave's Hot Chicken or its licensors and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, trade dress law, and other proprietary rights.

The Dave's Hot Chicken name, logo, and all related names, logos, product names, designs, and slogans are trademarks of Dave's Hot Chicken or its affiliates. You may not use any of our trademarks, service marks, or trade names without our prior written consent. Unauthorized use of our intellectual property may constitute trademark infringement, unfair competition, or other legal violations.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use. You may not:

• Reproduce, copy, duplicate, distribute, or commercially exploit any portion of the Website or its Content without our prior written consent;
• Modify, create derivative works of, reverse engineer, disassemble, or decompile any Content or software on the Website;
• Remove or alter any copyright, trademark, or other proprietary notices contained in or on the Website; or
• Frame or mirror any Content on any other server or wireless or Internet-based device.

Any feedback, comments, suggestions, or ideas you submit to us regarding the Website or our Products may be used by us without restriction or compensation to you.

9. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Dave's Hot Chicken. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not warrant the accuracy, completeness, or reliability of any information found on linked third-party sites.

Your use of third-party websites is at your own risk and subject to the terms and conditions of those third parties. We encourage you to review the terms of service and privacy policies of any third-party websites or services you visit. The inclusion of any link on our Website does not imply our endorsement of the linked website or service.

10. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND PRODUCTS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVE'S HOT CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE; AND
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

We do not warrant that the Website is free of viruses, malicious code, or other harmful components. You are responsible for implementing sufficient safeguards on your own devices.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, 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;
• DAMAGES RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OR CONTENT OBTAINED THROUGH THE WEBSITE;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; OR
• DAMAGES ARISING FROM ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken, and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in any way related to:

• Your access to or use of the Website or our services;
• Your violation of these Terms or any applicable law, regulation, or rule;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through the Website;
• Your misrepresentation of any information provided to us; or
• Any dispute between you and any third party, including delivery partners or other users.

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 event you agree to cooperate with us in asserting any available defenses.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the State in which the relevant Dave's Hot Chicken location is situated, without regard to conflict of law principles. Where applicable, federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other federal consumer protection statutes, shall govern matters within their respective jurisdictions.

For users located in California, these Terms are additionally subject to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the California Consumer Legal Remedies Act (CLRA), and other applicable California state laws.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Website that is not subject to arbitration as set forth in Section 14 shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website (each, a "Dispute") informally by contacting us at [email protected]. We will attempt to resolve the Dispute informally by contacting you via email. If a Dispute is not resolved within thirty (30) days of the initial notice, either party may proceed to formal dispute resolution as described below.

14.2 Binding Arbitration

EXCEPT AS PROVIDED BELOW, YOU AND DAVE'S HOT CHICKEN AGREE THAT ANY DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.

14.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN AGREE THAT EACH PARTY 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE FOR ANY CLAIM, THEN THAT CLAIM SHALL BE BROUGHT IN COURT AND NOT IN ARBITRATION.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Small claims court actions that qualify under applicable rules are also excluded from mandatory arbitration.

15. Term and Termination

These Terms shall remain in full force and effect while you use the Website or maintain an account with us. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to the Website or your account, with or without cause, at any time and without prior notice;
• Refuse service to anyone for any reason at any time; and
• Discontinue, modify, or restrict access to all or any portion of the Website at any time.

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

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Please note that termination of your account does not eliminate your obligation to pay for any orders already placed or any other outstanding obligations under these Terms.

16. Changes to These Terms

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

• Updating the "Last Updated" date at the top of this page;
• Posting a notice on the Website; and/or
• Sending an email to the address associated with your account (if applicable).

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

17. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, disclose, and protect your personal information when you use our Website and services. By using our Website, you agree to our collection and use of your information as described in our Privacy Policy. We encourage you to read our Privacy Policy carefully. Where applicable, we comply with the California Consumer Privacy Act (CCPA) as amended by the CPRA, and other applicable federal and state privacy laws.

18. Electronic Communications

By using our Website, you consent to receive electronic communications from us, including emails, text messages, push notifications, and on-screen notices. You agree that all notices, disclosures, agreements, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly.

19. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions or regulations, labor disputes, power outages, internet disruptions, supply chain disruptions, or any other event that constitutes force majeure. In such circumstances, our obligations under these Terms shall be suspended for the duration of the event, and we will use commercially reasonable efforts to resume performance as soon as practicable.

20. Severability

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

21. Waiver

No failure or delay by Dave's Hot Chicken to exercise any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise of that right or the exercise of any other right, power, or remedy. A waiver of any breach of these Terms shall not be construed as a waiver of any subsequent breach of the same or any other provision.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements published by us on the Website, constitute the entire agreement between you and Dave's Hot Chicken with respect to the subject matter herein and supersede all prior or contemporaneous agreements, communications, representations, and understandings, whether written or oral, between you and us relating to the Website, services, or any transactions conducted through the Website.

23. 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 these Terms or any of our rights hereunder, in whole or in part, without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

24. Accessibility

Dave's Hot Chicken is committed to making our Website accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1. If you experience any accessibility barriers on our Website or require assistance, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

25. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service or any aspect of our services, please contact us using the information below: