Terms of Service

Effective Date: April 2, 2026  |  Last Updated: April 2, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," or "you") and Davanni's ("Company," "we," "us," or "our"), governing your access to and use of the website located at davannis.world (the "Website") and all related services, content, features, and functionality offered by Davanni's (collectively, the "Services").

By accessing our Website, placing an order, creating an account, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You must be at least thirteen (13) years of age to use our Website. If you are under eighteen (18) years of age, you must have the consent of a parent or legal guardian to use our Services. By using our Services, you represent and warrant that you meet these age requirements.

These Terms are governed by applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and any applicable state laws of the state in which Davanni's operates. Our practices with respect to consumer data may also be subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for users who are California residents.

2. Description of Services

Davanni's is a food service business that provides customers with the ability to browse our menu offerings, place online orders, make reservations, and engage with our brand through our Website and associated platforms. Our Services include, but are not limited to:

• Online Ordering: Customers may place orders for food and beverage items for pickup or delivery through our Website or affiliated third-party platforms.
• Menu Information: We provide detailed information about our food offerings, including descriptions, pricing, nutritional information (where applicable), and allergen disclosures.
• Catering Services: We offer catering options for events, corporate gatherings, and private functions, which may be subject to additional terms and conditions.
• Loyalty and Rewards Programs: We may offer loyalty programs, promotional offers, and rewards to registered users, subject to specific program terms.
• Customer Support: We provide customer service support via email and other communication channels to address inquiries, complaints, and feedback.
• Informational Content: Our Website contains general information about our business, locations, hours of operation, and company history.

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

Availability of specific menu items, promotions, and services may vary by location. Online ordering and delivery services may be subject to geographic restrictions, minimum order requirements, and delivery fees. All menu items are subject to availability, and we reserve the right to substitute items of equal or greater value when necessary.

3. User Accounts and Registration

Certain features of our Website and Services may require you to create a user account. When registering for an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Provide truthful, accurate, and complete registration information;
• Update your information promptly if it changes;
• Keep your password confidential and not share it with any third party;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security;
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to terminate or suspend any account at our sole discretion, without notice, for conduct that we believe violates these Terms or is otherwise harmful to other users, third parties, our business, or our reputation.

4. User Obligations and Prohibited Activities

As a condition of your use of our Services, you agree to comply with all applicable local, state, federal, and international laws and regulations. You further agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using our Website or Services for any unlawful, fraudulent, or malicious purpose;
• Impersonating any person or entity, including any employee or representative of Davanni's;
• Providing false, misleading, or inaccurate information in connection with your use of our Services;
• Using our Services to transmit spam, unsolicited communications, or chain letters;
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of our Website;
• Using our Website in any manner that could damage, disable, overburden, or impair our servers or networks;
• Attempting to gain unauthorized access to any portion of our Website, other accounts, computer systems, or networks connected to our Website;
• Using any robot, spider, scraper, data mining tool, or other automated means to access our Website for any purpose without our express written consent;
• Collecting or harvesting any personally identifiable information from our Website;
• Using our Website to advertise or offer to sell goods and services without our express written consent;
• Violating any applicable federal, state, local, or international law or regulation.

4.2 Prohibited Content

You agree not to post, submit, upload, or transmit any content that:

• Is defamatory, obscene, harassing, threatening, abusive, or hateful;
• Infringes upon the intellectual property rights, privacy rights, or other rights of any third party;
• Contains viruses, malware, Trojan horses, or any other malicious code;
• Constitutes unauthorized commercial communications or spam;
• Contains false or misleading statements of fact.

Violation of these prohibitions may result in immediate termination of your account and access to our Services, and may also expose you to civil and/or criminal liability.

5. Intellectual Property Rights

All content, materials, and features available through our Website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of Davanni's or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Davanni's name, logo, trade dress, and all related names, logos, product and service names, designs, and slogans are trademarks of Davanni's or its affiliates. You may not use such marks without the prior written permission of Davanni's. All other names, logos, product and service names, designs, and slogans appearing on our Website are the trademarks of their respective owners.

5.1 Limited License

Subject to these Terms, Davanni's grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for your personal, non-commercial use only. This license does not include:

• Any resale or commercial use of our Website or its Content;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of our Website or its Content;
• Any downloading, copying, or sharing of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

5.2 User-Generated Content

If you submit, post, or otherwise make available any content, reviews, feedback, or other materials through our Website or Services ("User Content"), you grant Davanni's a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or control all rights to your User Content, that the User Content is accurate, that use of your User Content does not violate these Terms, and that your User Content will not cause injury to any person or entity.

6. Online Orders and Payment Terms

When you place an order through our Website, you are making an offer to purchase the selected food items at the stated price. We reserve the right to accept or decline your order at our sole discretion. An order is confirmed only when you receive a written confirmation via email or through our Website's order confirmation interface.

6.1 Pricing and Availability

6.2 Payment Processing

We accept major credit cards, debit cards, and other payment methods as indicated on our Website at the time of checkout. By providing your payment information, you authorize Davanni's and/or its payment processors to charge the applicable amount to your designated payment method.

All payment transactions are processed through secure, PCI-DSS compliant third-party payment processors. Davanni's does not store your full credit card information on its servers. You agree to pay all charges incurred by you or on your behalf through the Website, including applicable taxes and fees.

6.3 Refunds and Cancellations

All sales of food items are generally final once an order has been prepared. If you experience a problem with your order, including receiving incorrect items or experiencing issues with food quality, please contact us at [email protected] within twenty-four (24) hours of receiving your order. We will review your complaint and, at our sole discretion, may offer a replacement, store credit, or refund.

Catering orders may be subject to separate cancellation policies and deposit requirements, which will be communicated to you at the time of booking.

7. Food Allergen and Nutritional Information

While we make reasonable efforts to provide accurate nutritional and allergen information on our Website, such information is provided for general informational purposes only and should not be relied upon as a substitute for professional medical or dietary advice. Nutritional content may vary based on preparation methods, ingredient substitutions, and serving sizes. We cannot guarantee that any of our products are free from allergens or are suitable for individuals with specific dietary needs.

Davanni's disclaims all liability for any adverse reactions, allergic responses, or health issues arising from consumption of our food products, to the extent permitted by applicable law.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Davanni's. We provide these links for your convenience only and do not endorse, recommend, or make any representations about the content, products, or services available on such third-party sites.

Davanni's has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly encourage you to review the terms and privacy policies of any third-party sites you visit. Your interactions with third-party sites are governed solely by their respective terms and policies, and Davanni's shall not be liable for any harm or damages arising from your use of third-party services.

Our Website may integrate with third-party delivery platforms, payment processors, and marketing tools. Your use of such integrated services may be subject to additional terms and conditions imposed by the respective third-party providers.

9. Disclaimers and Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

DAVANNI'S EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

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

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the foregoing disclaimers shall apply to the maximum extent permitted by applicable law.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVANNI'S, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data;
• Loss of business or goodwill;
• Business interruption;
• Personal injury or property damage not resulting from our negligence;
• Any other intangible losses;

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DAVANNI'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Davanni's and you. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

11. Indemnification

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

• Your violation of these Terms;
• Your use of our Website or Services;
• Your User Content;
• Your violation of any third party's rights, including intellectual property rights or privacy rights;
• Your violation of any applicable law or regulation;
• Any misrepresentation made by you;
• Any dispute between you and another user of our Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate with our defense of such claims and to not settle any matter without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, 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 of the state in which Davanni's is incorporated and/or primarily operates, without regard to any choice or conflict of law principles.

Any legal suit, action, or proceeding arising out of or related to these Terms or our Services that is not subject to binding arbitration as described in Section 13 shall be instituted exclusively in the federal or state courts located in the appropriate judicial district for the state in which Davanni's maintains its principal place of business. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices. For California residents, your rights under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) and the California Privacy Rights Act are preserved and not limited by these Terms.

13. Dispute Resolution and Arbitration

13.1 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 our Services ("Dispute") informally by contacting Davanni's at [email protected]. We will make good-faith efforts to resolve the Dispute informally within thirty (30) days of receiving your written notice describing the nature of the Dispute and the relief sought.

13.2 Binding Arbitration

If the Dispute is not resolved through informal negotiation within thirty (30) days, you and Davanni's agree that any Dispute shall be resolved by 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 arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The arbitration shall be conducted in the English language. The seat of arbitration shall be in the United States in the state where Davanni's maintains its principal place of business, unless the parties mutually agree to conduct the arbitration via telephone, video conference, or written submissions.

13.3 Class Action Waiver

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other rights where such relief is warranted. Either party may also bring a claim in small claims court for disputes that qualify under the applicable rules of such court.

If the class action waiver is found unenforceable for any claim, then the entirety of the arbitration provision shall be null and void for that claim, and such claim shall proceed in a court of competent jurisdiction.

14. Term and Termination

These Terms remain in full force and effect while you access or use our Website or Services. Davanni's may, in its sole discretion, at any time and for any or no reason, terminate or suspend your access to all or part of our Website or Services, with or without prior notice.

You may terminate your use of our Services at any time by discontinuing use of our Website and, if applicable, by requesting deletion of your account by contacting us at [email protected].

Upon termination of these Terms for any reason:

• Your right to use our Services will immediately cease;
• We may delete your account and all associated data, subject to our Privacy Policy;
• Any outstanding payment obligations shall remain due and payable;
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Davanni's shall not be liable to you or any third party for any termination or suspension of your access to our Services.

15. Changes to These Terms

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

• Posting the revised Terms on our Website with an updated "Last Updated" date;
• Sending an email notification to the address associated with your account (if applicable); or
• Providing a prominent notice on our Website homepage.

Your continued use of our Website or Services after the effective date of any revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must discontinue your use of our Website and Services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The date at the top of this page indicates when these Terms were last revised.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

In the event that any provision of these Terms is declared invalid or unenforceable by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

17. Entire Agreement and Waiver

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

No waiver by Davanni's of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Davanni's to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Force Majeure

Davanni's shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events or circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, civil unrest, terrorism, labor disputes, government actions, power outages, internet or telecommunications failures, or any other circumstances beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, Davanni's shall provide notice to affected customers as soon as reasonably practicable and shall use commercially reasonable efforts to resume normal operations as quickly as possible.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without the prior written consent of Davanni's. Any attempted assignment without such consent shall be null and void. Davanni's may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

20. Notices

All notices, requests, demands, and other communications under these Terms shall be in writing. Notices to Davanni's shall be sent via email to [email protected]. Notices from Davanni's to you may be provided via email to the address associated with your account, by posting on our Website, or by any other reasonable means. Notices sent by email shall be deemed received upon delivery confirmation or, if no confirmation is available, twenty-four (24) hours after sending.

21. California Consumer Rights

If you are a California resident, the following additional provisions apply to you in accordance with the California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq., and the California Privacy Rights Act (CPRA):

• Right to Know: You have the right to request information about the personal data we collect, use, disclose, and sell about you.
• Right to Delete: You have the right to request deletion of your personal data, subject to certain exceptions.
• Right to Correct: You have the right to request correction of inaccurate personal data we hold about you.
• Right to Opt-Out: You have the right to opt out of the sale or sharing of your personal data.
• Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your privacy rights.

To exercise any of these rights, please contact us at [email protected]. We will respond to verifiable consumer requests within the timeframes required by applicable California law.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to contact us for any reason related to our Services, please reach out to us using the following contact information:

We aim to respond to all inquiries within three (3) to five (5) business days. For urgent matters, including food safety concerns or order issues, please contact us directly via email at [email protected] and mark your message as urgent.