Terms of Service

Effective Date: April 26, 2026  |  Last Updated: April 26, 2026

1. Acceptance of Terms

Welcome to Davanni's ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," or "you") and Davanni's, governing your access to and use of the website located at davanniss.rest (the "Website"), as well as any related services, features, content, mobile applications, and online ordering platforms operated by or on behalf of Davanni's (collectively, the "Services").

By accessing our Website, creating an account, placing an order, subscribing to our newsletter, or otherwise interacting with our Services in any manner, you affirm that:

• You have read, understood, and agree to be bound by these Terms of Service;
• You are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained verifiable parental or legal guardian consent;
• You have the legal authority and capacity to enter into this Agreement;
• You agree to comply with all applicable local, state, and federal laws and regulations while using our Services.

If you do not agree to any provision of these Terms, you must immediately discontinue your use of the Website and all associated Services. Your continued use of the Website following the posting of any amendments or updates to these Terms shall constitute your acceptance of such changes.

These Terms apply to all visitors, registered users, customers, and any other parties who access or use our Services, regardless of the means by which they do so.

2. Description of Services

Davanni's is a food service establishment operating in the United States. Our Website and Services are designed to provide customers with a convenient and streamlined way to engage with our food offerings. The Services we provide include, but are not limited to:

2.1 Online Ordering

We offer an online ordering system through which customers may browse our current menu, customize food items, place pickup or delivery orders, and process payments electronically. Menu items, pricing, and availability are subject to change at any time without prior notice.

2.2 Menu Information

Our Website provides detailed descriptions of our food offerings, including ingredients, nutritional information (where available), allergen disclosures, and pricing. While we strive to maintain accurate and up-to-date information, we do not guarantee that all product descriptions, pricing, or nutritional information are completely accurate, current, or error-free at all times.

2.3 Reservations and Catering Inquiries

Where applicable, our Website may allow customers to submit reservation requests, catering inquiries, or special event bookings. All such requests are subject to availability and confirmation by Davanni's staff. Submission of a request does not constitute a guaranteed reservation or booking.

2.4 Customer Accounts

Users may optionally create an account on our Website to save order preferences, access order history, and enjoy a more personalized experience. Account creation requires accurate and complete registration information.

2.5 Loyalty Programs and Promotions

From time to time, Davanni's may offer loyalty programs, promotional codes, discount offers, or special limited-time deals. The terms and conditions of any such promotions are subject to additional terms that will be communicated at the time the promotion is offered and are incorporated herein by reference.

2.6 Communications

Our Website may offer newsletters, email updates, SMS notifications, or push notifications to keep you informed about new menu items, promotions, and other relevant information. Opt-in consent is required for marketing communications.

3. User Obligations and Prohibited Activities

By using our Services, you agree to use the Website and all associated features solely for lawful purposes and in a manner consistent with these Terms. You are solely responsible for all activities conducted under your account or through your use of the Services.

3.1 User Obligations

You agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized use of your account;
• Use the Services only for personal, non-commercial purposes unless expressly authorized by Davanni's in writing;
• Comply with all applicable federal, state, and local laws and regulations when using our Services;
• Conduct yourself in a respectful and appropriate manner when communicating with our staff or through any interactive features of the Website;
• Ensure that any contact or payment information submitted is accurate and belongs to you or that you have express authorization to use it.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or Services for any fraudulent, deceptive, or unlawful purpose;
• Submit false, misleading, or inaccurate information during account creation or when placing orders;
• Attempt to gain unauthorized access to any part of the Website, server, or related systems;
• Use automated scripts, bots, scrapers, crawlers, or similar technologies to collect data from the Website without our express written permission;
• Transmit any malware, viruses, ransomware, spyware, or other malicious code through or in connection with the Website;
• Engage in any activity that disrupts, damages, overloads, or impairs the functionality or performance of our Website or servers;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any portion of the Website;
• Reproduce, copy, duplicate, distribute, or exploit any portion of the Website or its content for commercial purposes without prior written consent from Davanni's;
• Post, upload, or transmit any content that is defamatory, obscene, harassing, abusive, discriminatory, or otherwise objectionable;
• Impersonate any individual or entity, including Davanni's employees or representatives;
• Use the Website in any manner that violates the rights of any third party, including intellectual property rights, privacy rights, or contractual rights;
• Collect or harvest any personally identifiable information from the Website without authorization;
• Use any means to interfere with the proper operation of the Website or any transaction conducted through it.

Davanni's reserves the right, in its sole discretion, to investigate any suspected violations of these Terms and to take appropriate action, including terminating your access, reporting violations to law enforcement, and pursuing all available legal remedies.

4. Intellectual Property Rights

All content, materials, and intellectual property displayed on or incorporated into the Website and Services are the exclusive property of Davanni's or its respective licensors, partners, or content providers. This includes, without limitation:

• Trademarks, service marks, trade names, and logos associated with the Davanni's brand;
• The Website design, layout, graphics, user interface, and overall look and feel;
• All text, articles, descriptions, menu content, promotional copy, and other written materials;
• Photographs, images, illustrations, videos, and audiovisual content;
• Software, code, algorithms, and technical infrastructure underlying the Website;
• Any other proprietary materials or data accessible through the Services.

All rights not expressly granted herein are reserved by Davanni's. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial use in connection with the Services. This license does not permit you to:

• Modify, adapt, translate, or create derivative works based on the Website or its content;
• Reproduce, distribute, publicly display, or commercially exploit any content from the Website;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• Frame or mirror any portion of the Website on another website or application without prior written authorization.

Any unauthorized use of Davanni's intellectual property may constitute a violation of federal copyright law, trademark law, and other applicable statutes and may subject the infringing party to civil and criminal liability.

5. Payment Terms

Where payment is required to complete an order or transaction through our Website, the following terms apply:

5.1 Accepted Payment Methods

Davanni's accepts various forms of payment through our online ordering platform, including major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and any other payment methods expressly listed at checkout. Accepted payment methods are subject to change at our discretion.

5.2 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes, service fees, and delivery charges (if applicable) will be calculated and disclosed at checkout prior to the completion of your order. You are responsible for paying all amounts due, including any applicable taxes.

5.3 Order Confirmation

An order is not confirmed or binding until you receive an electronic order confirmation from Davanni's. We reserve the right to cancel, reject, or limit any order for any reason, including but not limited to errors in pricing, unavailability of menu items, or suspected fraud.

5.4 Refunds and Cancellations

All sales through our online ordering platform are generally final. Refunds or credits may be issued at Davanni's sole discretion in cases of order errors, quality issues, or other circumstances deemed appropriate by management. To request a refund or report a problem with your order, please contact us at [email protected]. Refund requests must be submitted within a reasonable timeframe following the order date.

5.5 Promotional Codes and Discounts

Promotional codes and discounts are subject to their own specific terms and expiration dates and may not be combined with other offers unless expressly stated. Davanni's reserves the right to refuse, revoke, or cancel promotional codes that are used in a manner inconsistent with the applicable terms or these Terms of Service.

6. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES PROVIDED BY DAVANNI'S ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DAVANNI'S EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD ITEMS OR OTHER PRODUCTS DESCRIBED ON THE WEBSITE BEYOND WHAT IS REQUIRED BY APPLICABLE FOOD SAFETY REGULATIONS.

No oral or written information provided by Davanni's or any of its employees, representatives, or agents shall create any warranty not expressly set forth in these Terms. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, DAVANNI'S, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• DAMAGES ARISING FROM THE CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES;
• DAMAGES ARISING FROM ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE.

IN NO EVENT SHALL DAVANNI'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO DAVANNI'S DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some states, including states that have adopted consumer protection provisions, do not allow the limitation or exclusion of liability for certain types of damages. In such jurisdictions, Davanni's liability shall be limited to the fullest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Davanni's and its respective owners, officers, directors, employees, agents, contractors, licensors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your access to or use of the Website or Services;
• Your violation of any provision of these Terms of Service;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights, privacy rights, or consumer protection laws;
• Any content, data, or information you submit, post, or transmit through the Website;
• Any fraudulent, negligent, or willful misconduct on your part;
• Any dispute or transaction between you and any third party relating to your use of the Services.

Davanni's reserves the right, at its 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 Davanni's in asserting any available defenses. This indemnification obligation will survive the termination of these Terms and your use of the Services.

9. Allergen and Food Safety Disclaimer

Davanni's takes food safety and allergen awareness seriously. However, our food preparation processes may involve shared equipment and preparation areas where common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, shellfish, and other allergens, may be present.

If you have a known food allergy, food intolerance, or dietary restriction, you are strongly advised to:

• Contact us directly at [email protected] before placing an order to discuss your specific needs;
• Consult our in-store staff for the most current allergen information prior to consuming any menu item.

Davanni's cannot guarantee that any menu item will be completely free from allergens. By placing an order, you acknowledge and accept this risk. Davanni's shall not be held liable for any adverse reactions or health consequences resulting from undisclosed allergens or cross-contamination unless such liability is expressly required by applicable law.

10. Third-Party Links and Services

The Website may contain links to third-party websites, applications, platforms, or services that are not owned or controlled by Davanni's. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by Davanni's of any third-party content, products, or services.

Davanni's has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We strongly encourage you to review the terms and privacy policies of any third-party services you access through links on our Website.

11. Privacy Policy

Your use of the Website 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 your personal information in compliance with applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) where applicable, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive practices in data handling.

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

12. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Davanni's principal place of business is located, without regard to its conflict of law principles.

You agree that any legal action, proceeding, or claim brought by you against Davanni's shall be filed exclusively in the state or federal courts of competent jurisdiction located in the United States and that you hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

Nothing in this Section shall limit Davanni's right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Davanni's intellectual property rights or other proprietary rights.

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy informally by contacting Davanni's at [email protected]. You and Davanni's agree to negotiate in good faith to resolve the dispute within thirty (30) days of the initial written notice of the dispute.

13.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Davanni's agree to resolve any and all disputes, claims, or controversies arising out of or relating to these Terms or the Services through binding individual arbitration, rather than in a court of law. Arbitration shall be conducted by a recognized arbitration organization, such as the American Arbitration Association (AAA), under its applicable consumer arbitration rules, which are available at www.adr.org. The arbitration shall be conducted in English and shall take place in the United States.

13.3 Class Action Waiver

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

13.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court. Additionally, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to preserve the status quo pending arbitration.

13.5 Severability of Arbitration Clause

If any portion of this arbitration provision is found to be unenforceable, that specific portion shall be severed, and the remainder of the arbitration provision shall continue in full force and effect.

14. Term and Termination

These Terms of Service are effective from the moment you first access or use the Website and shall remain in full force and effect until terminated in accordance with this Section.

14.1 Termination by You

You may terminate your use of the Services at any time by ceasing to access the Website and, if applicable, by closing your account. Closure of your account does not affect any rights or obligations that have arisen prior to termination.

14.2 Termination by Davanni's

Davanni's reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your access to the Website and Services at any time, with or without notice, and without liability to you, for any reason, including but not limited to:

• Actual or suspected violation of these Terms of Service;
• Fraudulent, abusive, or illegal conduct;
• Non-payment of amounts due;
• Requests from law enforcement or other governmental authorities;
• Discontinuation or material modification of the Services.

14.3 Effect of Termination

Upon termination, your license to use the Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall continue in full force, including without limitation the sections on Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

15. Changes to Terms of Service

Davanni's reserves the right to update, revise, or modify these Terms of Service at any time at its sole discretion. When we make material changes to these Terms, we will:

• Post the updated Terms on our Website with a revised "Last Updated" date;
• Where appropriate and feasible, provide notice via email or a prominent notice on the Website prior to the changes taking effect.

Your continued access to or use of the Website or Services after any such changes have been posted constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue your use of the Website and Services immediately. We encourage you to review these Terms periodically to stay informed of any changes.

16. Electronic Communications

By using our Services, you consent to receive electronic communications from Davanni's, including emails, text messages, online notifications, and other electronic records. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

17. Force Majeure

Davanni's shall not be held liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor strikes, utility failures, supply chain disruptions, cyberattacks, or any other force majeure event. In such circumstances, Davanni's obligations shall be suspended for the duration of the force majeure event.

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect to the maximum extent permitted by law. The severed provision shall be replaced with a valid and enforceable provision that most closely approximates the intent and economic effect of the severed provision.

19. Waiver

No failure or delay by Davanni's in exercising any right, power, or remedy under these Terms of Service shall operate as a waiver of such right. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any breach or default by Davanni's shall not constitute a waiver of any subsequent breach or default.

20. Entire Agreement

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

No modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Davanni's, except as otherwise provided in the "Changes to Terms of Service" section above.

21. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, your use of the Website, or any of our Services, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiry in a timely and professional manner. For urgent matters relating to your order, please contact us as soon as possible so that we may assist you promptly.