Terms of Service

Effective Date: June 24, 2026  |  Last Updated: June 24, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "your," or "User"), and Dave's Hot Chicken ("Company," "we," "us," or "our") concerning your access to and use of the daveshot-cafe.click website and all related services, content, features, and functionality offered on or through the Site.

By accessing the Site, browsing our menu, placing an order, creating an account, subscribing to any promotional communications, or otherwise engaging with any part of our digital or in-person services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes.

You represent and warrant that you are at least 18 years of age, or if you are between the ages of 13 and 17, that you are using the Site under the supervision of a parent or legal guardian who has agreed to these Terms on your behalf. Individuals under the age of 13 are strictly prohibited from using this Site.

If you are accessing the Site on behalf of a business entity or other legal organization, you represent that you have the legal authority to bind that organization to these Terms, in which case the terms "you" and "your" shall refer to such entity.

2. Description of Services

Dave's Hot Chicken is a food service business offering a curated menu of Nashville-style hot chicken items, including tenders, sliders, sandwiches, sides, beverages, and seasonal specialty offerings. Our services include, but are not limited to, the following:

• Online Menu Browsing: Users may access and view our full menu, nutritional information, ingredient disclosures, and promotional offerings through the Site.
• Online Ordering: Users may place orders for pickup or delivery (where available) directly through the Site or through integrated third-party delivery platforms.
• Account Registration: Users may create a personal account to manage orders, track loyalty rewards, and store preferences.
• Loyalty and Rewards Programs: From time to time, we may offer rewards programs, promotional discounts, or loyalty point systems available to registered users.
• Catering Services: Corporate and private catering inquiries and orders may be submitted through the Site or via direct contact with our team.
• Promotional Communications: With your consent, we may send newsletters, promotional emails, special offers, and updates regarding new menu items or events.
• Customer Support: Users may contact our support team via email at [email protected] for assistance with orders, complaints, or general inquiries.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without prior notice, without liability to you. Menu availability, pricing, and hours of operation are subject to change and may vary by location.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using this Site and our services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the confidentiality and security of your account credentials and notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the Site.
• Comply with all applicable local, state, federal, and international laws and regulations in connection with your use of the Site.
• Promptly pay for all orders placed through the Site in accordance with the payment terms outlined herein.
• Ensure that any information you submit through the Site, including allergy information, dietary preferences, or special instructions, is accurate and complete.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using the Site or our services:

• Using the Site for any fraudulent, deceptive, or unlawful purpose, including submitting false orders or using stolen payment credentials.
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, servers, or networks connected to the Site.
• Engaging in any automated data collection including scraping, crawling, spidering, or data mining without our express written consent.
• Uploading, transmitting, or distributing any content that contains viruses, malware, Trojan horses, or other harmful or disruptive code.
• Harassing, threatening, intimidating, or abusing any Dave's Hot Chicken employee, contractor, or other user.
• Posting or transmitting any unsolicited promotional material, spam, or chain letters through the Site.
• Impersonating any person or entity, including Dave's Hot Chicken personnel, or falsely stating your affiliation with any person or entity.
• Reverse engineering, decompiling, disassembling, or attempting to derive the source code of any software associated with the Site.
• Using the Site to collect personal information about other users without their consent.
• Violating any applicable export control laws or using the Site in a jurisdiction where its use is prohibited.
• Circumventing or disabling any security features, digital rights management systems, or access control measures associated with the Site.
• Placing fraudulent orders, submitting chargebacks in bad faith, or abusing our refund or return policies.
• Reproducing, duplicating, selling, or reselling any part of the Site without our express written permission.

Violation of any of the above prohibitions may result in immediate termination of your account, denial of service, and/or referral to appropriate law enforcement authorities. We reserve the right to pursue all available legal remedies for such violations.

4. Intellectual Property Rights

The Site and all of its original content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site — are the exclusive property of Dave's Hot Chicken and are protected under applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade secret laws.

The Dave's Hot Chicken name, logo, trademarks, service marks, trade dress, and all related names, logos, product and service names, designs, and slogans are trademarks of Dave's Hot Chicken or its affiliates or licensors. You must not use such marks without the prior written permission of Dave's Hot Chicken. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes related to placing orders, viewing the menu, and engaging with our services. This license does not include any right to:

• Reproduce, distribute, publicly display, or create derivative works from Site content.
• Use data mining, robots, or similar data gathering and extraction tools on the Site.
• Download or copy account information for the benefit of another merchant or service provider.
• Use the Site's content for any commercial purpose without our express written consent.

Any use of the Site or its content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws. All rights not expressly granted herein are reserved by Dave's Hot Chicken.

If you believe that any content on the Site infringes your copyright, please contact us at [email protected] with a detailed description of the alleged infringement, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Currency

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable federal, state, and local sales taxes. Prices are subject to change at any time without prior notice. The price charged for an order will be the price advertised on the Site at the time the order is placed, subject to any applicable taxes and service fees.

5.2 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as may be displayed on the Site at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your selected payment method for the total amount of your order, including taxes and applicable fees.

5.3 Order Confirmation

After placing an order, you will receive a confirmation email at the address associated with your account. This confirmation email acknowledges receipt of your order but does not constitute acceptance of your order. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product unavailability, errors in pricing or descriptions, or suspected fraud.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Refunds or credits may be issued at our sole discretion in cases of order errors attributable to Dave's Hot Chicken, food safety concerns, or other circumstances we deem appropriate. For concerns regarding your order, please contact us within 24 hours of receipt at [email protected].

5.5 Promotional Codes and Discounts

Promotional codes, discount offers, and loyalty rewards are subject to their own specific terms and conditions and may not be combined with other offers unless expressly stated. We reserve the right to modify, suspend, or terminate any promotional program at any time without notice.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVE'S HOT CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or business opportunities;
• Personal injury or property damage arising from your use of the Site or our food products;
• Unauthorized access to or alteration of your transmissions or data;
• Any bugs, viruses, Trojan horses, or similar harmful components transmitted through the Site;
• Errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Site;
• Any delay or failure in the delivery of food products ordered through the Site.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such jurisdictions, the limitations set forth above shall apply only to the maximum extent permitted by applicable law. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

7. Disclaimers

7.1 "As-Is" Basis

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DAVE'S HOT CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Warranty of Accuracy

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the information on the Site, including menu items, pricing, nutritional content, or allergen information, is accurate, complete, reliable, current, or error-free. Menu items and ingredients may change without notice, and customers with specific dietary restrictions or allergies are strongly encouraged to contact us directly before placing an order.

7.3 Food Allergen Disclaimer

Our food products are prepared in facilities that may handle peanuts, tree nuts, dairy, eggs, wheat, soy, fish, shellfish, and other common allergens. Cross-contamination is possible even when precautions are taken. Dave's Hot Chicken makes no guarantee that any menu item is allergen-free. If you have a severe food allergy, please contact us at [email protected] before placing your order.

7.4 Third-Party Links

The Site may contain links to third-party websites or services, including delivery platforms, social media networks, and payment processors. These links are provided for your convenience only. Dave's Hot Chicken does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party sites or services. Your use of such third-party sites is at your own risk and is subject to their respective terms of service and privacy policies.

8. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its respective officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any and all 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 or misuse of the Site or our services;
• Any content you submit, post, or transmit through the Site;
• Your violation of any applicable federal, state, local, or international law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any misrepresentation made by you in connection with your use of the Site.

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 which case you agree to cooperate with our defense of such claim. You agree not to settle any such claim without our prior written consent.

9. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or the services offered by Dave's Hot Chicken 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 Dave's Hot Chicken is registered and operates, without giving effect to any conflict of law principles that would cause the application of the laws of another jurisdiction.

You agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the federal or state courts having competent jurisdiction in the applicable state of operation. You hereby consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue of any such action or proceeding in such courts.

To the extent applicable, the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration provision set forth in Section 10 below. The Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and all other applicable federal consumer protection laws and regulations also apply to our relationship with you.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute informally by contacting Dave's Hot Chicken at [email protected] and providing a written description of the dispute, the amount involved, and the relief sought. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If the dispute cannot be resolved informally within this period, either party may proceed to binding arbitration as set forth below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

The arbitration shall take place in the state where Dave's Hot Chicken operates, or at such other location as the parties may agree in writing, or via remote/virtual proceedings where permitted. The arbitrator shall apply the substantive laws of the applicable state. All arbitration proceedings shall be conducted in the English language.

10.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES SHALL BE RESOLVED IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS FROM MORE THAN ONE INDIVIDUAL AND SHALL NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims that fall within that court's jurisdictional limits, provided the action remains in small claims court and is not removed or appealed to a court of general jurisdiction.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Site or our services, or maintain an account with Dave's Hot Chicken.

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. Such termination will not affect any obligations incurred prior to the termination date, including outstanding payments or pending orders.

11.3 Termination by Us

Dave's Hot Chicken reserves the right, in its sole discretion and without prior notice or liability, to suspend or permanently terminate your access to the Site and services for any reason, including but not limited to:

• Violation of these Terms or any applicable law;
• Fraudulent activity, including chargebacks submitted in bad faith;
• Conduct that is harmful to other users, third parties, or our business interests;
• Extended inactivity of your account;
• Requests by law enforcement or government authorities.

11.4 Effect of Termination

Upon termination of your account or access to the Site, your right to use the Site and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to, ownership provisions, intellectual property rights, warranty disclaimers, indemnification obligations, and limitations of liability.

12. Changes to Terms

Dave's Hot Chicken reserves the right to modify, update, or replace any part of these Terms at any time in our sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page and, where required by applicable law or where we deem appropriate, we will provide additional notice, such as by posting a prominent announcement on the Site or sending a notification to the email address associated with your account.

It is your responsibility to check these Terms periodically for changes. Your continued access to or use of the Site after the posting of revised Terms constitutes your binding acceptance of the changes. If you do not agree to the revised Terms, you must immediately stop using the Site and our services.

We will not retroactively apply material changes to Terms to disputes or events that arose before the effective date of the updated Terms, except as required by applicable law.

13. Severability

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable under any applicable law, such provision shall be deemed severed from these Terms and shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the parties agree that the intent of the original provision shall be given effect to the greatest extent legally permissible.

The failure of Dave's Hot Chicken to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Dave's Hot Chicken.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and Dave's Hot Chicken concerning your use of the Site and services, and supersede all prior and contemporaneous agreements, communications, representations, and understandings, whether written or oral, regarding such subject matter.

14.2 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Dave's Hot Chicken may freely assign these Terms, in whole or in part, including in connection with a merger, acquisition, sale of assets, or operation of law, without restriction or notice to you.

14.3 Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, supply chain disruptions, labor disputes, power outages, internet service interruptions, or civil disturbances. In such circumstances, we will make commercially reasonable efforts to resume performance as soon as practicable.

14.4 Electronic Communications

By using the Site, you consent to receive electronic communications from Dave's Hot Chicken, including but not limited to order confirmations, promotional offers, and notices regarding changes to these Terms or our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications sent 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), 15 U.S.C. § 7001 et seq.

14.5 No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of the parties hereto. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable rights, benefits, or remedies of any nature whatsoever under or by reason of these Terms.

15. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, or if you wish to exercise any of your legal rights described herein, please contact us using the information below: