Terms of Service

Effective Date: May 27, 2026  |  Last Updated: May 27, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the website located at hotchicken-daves.click (the "Website"), as well as any related online ordering platforms, mobile applications, promotional materials, loyalty programs, and all food and beverage services offered by or through Dave's Hot Chicken (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to any communications, or otherwise interacting with our Services in any manner, you agree to these Terms in full. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms apply to all visitors, registered users, customers, and any other individuals who access or use our Services, regardless of whether they complete a purchase or create an account. If you are using the Services 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 "you" shall refer to that entity.

If you are under the age of 13, you are not permitted to use our Website or Services. If you are between the ages of 13 and 18, you may only use our Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. Description of Services

Dave's Hot Chicken is a food service business specializing in Nashville-style hot chicken, tenders, sliders, and related food and beverage products. Through our Website and affiliated platforms, we offer the following services:

• Online Menu Browsing: Users may view our current menu offerings, including food descriptions, pricing, nutritional information, allergen disclosures, and promotional specials.
• Online Ordering: Customers may place orders for pickup or delivery through our Website or through integrated third-party ordering platforms. Order availability is subject to restaurant hours, location availability, and product availability.
• Catering and Group Orders: We may offer catering services for events and large group orders. Specific terms and conditions applicable to catering engagements may be provided separately at the time of booking.
• Loyalty and Rewards Programs: We may operate loyalty, rewards, or promotional programs that allow customers to earn points or benefits based on qualifying purchases. Such programs are subject to their own terms and conditions, which are incorporated herein by reference.
• Promotions and Offers: From time to time, we may offer discounts, coupons, promotional codes, or limited-time deals. The terms of each offer will be outlined at the time of presentation.
• Customer Communication: We may provide email newsletters, SMS notifications, or push notifications to registered users who opt in to receive communications from us.
• Gift Cards: We may offer digital or physical gift cards, subject to any additional terms disclosed at the time of purchase.

Dave's Hot Chicken reserves the right to modify, suspend, expand, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you or any third party.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using 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, including your password, and notify us immediately at [email protected] if you suspect any unauthorized use of your account.
• Use the Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Be solely responsible for all activities conducted through your account.
• Not transfer, sell, or assign your account or any rights under these Terms to any third party without our prior written consent.
• Comply with all applicable food safety guidelines and health regulations when handling food products received through our Services.
• Promptly update your account information if any details change.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities in connection with the Website or Services:

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or personal details; attempting to obtain food or services through deceit or misrepresentation.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or any portion of the Website not intended for public access; using automated bots, scrapers, crawlers, or similar tools to extract data from our Website without prior written permission.
• Interference: Uploading or transmitting any viruses, malware, ransomware, or other malicious code; taking any action that interferes with, disrupts, or places an unreasonable burden on our Website infrastructure or servers.
• Intellectual Property Violations: Reproducing, distributing, displaying, selling, or creating derivative works based on our proprietary content, trademarks, trade secrets, or intellectual property without express written authorization.
• Harassment and Abuse: Using our Website or any communication channel provided by us to harass, threaten, defame, or otherwise harm other users, our employees, or any third party.
• Promotional Abuse: Creating multiple accounts to exploit promotional codes, loyalty rewards, referral bonuses, or any other offer in a manner inconsistent with the intended purpose of such offers.
• Illegal Use: Using the Services to engage in any activity that violates applicable federal, state, or local law, including but not limited to consumer protection laws, privacy laws, anti-spam regulations, and food safety statutes.
• Resale Without Authorization: Purchasing products from Dave's Hot Chicken for the purpose of unauthorized commercial resale or redistribution.
• Impersonation: Impersonating Dave's Hot Chicken, our employees, affiliates, or any other person or entity.

We reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates these prohibitions, including terminating their account, reporting the behavior to law enforcement, and seeking civil remedies.

4. Intellectual Property Rights

All content, materials, and features available through the Website and Services are the exclusive property of Dave's Hot Chicken or our licensors, and are protected under United States copyright law, trademark law, trade secret law, and other applicable intellectual property laws.

This includes, without limitation:

• The Dave's Hot Chicken name, logo, brand identity, slogans, and trade dress.
• Website design, layout, graphics, images, icons, photographs, and audiovisual content.
• Menu designs, food descriptions, recipes, and culinary concepts.
• Software, source code, databases, and technical infrastructure underlying the Website.
• All written content, articles, blog posts, promotional copy, and marketing materials.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services solely for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

• Copy, reproduce, or distribute any portion of the Website or its content.
• Modify, adapt, translate, or create derivative works from our content.
• Use our trademarks, service marks, or logos without our prior written consent.
• Frame or mirror any portion of our Website on any other website or platform.

Any feedback, reviews, suggestions, or ideas you submit to us regarding our food, Services, or Website ("User Submissions") are provided on a non-confidential basis. You hereby grant Dave's Hot Chicken a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such User Submissions for any business purpose without compensation to you.

5. Ordering, Payment, and Pricing Terms

5.1 Order Placement and Acceptance

When you place an order through our Website, you are submitting an offer to purchase the selected items subject to these Terms. All orders are subject to availability and confirmation by Dave's Hot Chicken. 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 product descriptions, or suspected fraudulent activity.

An order is considered accepted only when you receive an order confirmation via email or on-screen notification. Dave's Hot Chicken is not responsible for orders that are delayed, lost, or fail to transmit due to internet connectivity issues on your end.

5.2 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Menu pricing may vary by location. Applicable sales taxes will be calculated and added to your order total at checkout in accordance with applicable state and local tax laws. You are responsible for any applicable taxes associated with your purchase.

5.3 Payment Methods

We accept major credit cards, debit cards, and any other payment methods displayed at checkout. By providing your payment information, you represent that you are authorized to use the designated payment method and authorize Dave's Hot Chicken to charge the applicable fees to that payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you believe there is an issue with your order — such as incorrect items, missing items, or quality concerns — please contact us at [email protected] within 24 hours of receiving your order. We will review your claim and, at our sole discretion, may offer a replacement, store credit, or refund. We are not obligated to issue refunds for food that has been consumed or partially consumed.

5.5 Third-Party Delivery Platforms

Orders placed through third-party delivery applications (such as DoorDash, Uber Eats, Grubhub, or similar services) are subject to those platforms' own terms of service and policies. Dave's Hot Chicken is not responsible for delays, errors, or issues arising from the use of third-party delivery platforms. All delivery disputes should be directed to the applicable third-party platform.

6. Food Safety, Allergen Disclaimers, and Nutritional Information

Dave's Hot Chicken takes food safety seriously. However, you acknowledge and agree that:

Nutritional information provided on our Website is based on standard recipes and preparation methods and may vary due to differences in ingredient sourcing, portion sizes, preparation techniques, and seasonal menu changes. This information is provided for general informational purposes only and is not intended as medical or dietary advice.

Consuming raw or undercooked meat, poultry, or eggs may increase your risk of foodborne illness. Customers with certain health conditions should consult a medical professional before consuming our products.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVE'S HOT CHICKEN, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND AFFILIATED ENTITIES (COLLECTIVELY, THE "DAVE'S HOT CHICKEN PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF DAVE'S HOT CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR:

• Loss of revenue, profits, data, or business opportunities.
• Personal injury or property damage resulting from your use of our Services or food products (except to the extent required by applicable law).
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party in connection with the Services.
• Any bugs, viruses, or harmful components transmitted through our Website by third parties.
• Errors or inaccuracies in the content of our Website.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE DAVE'S HOT CHICKEN PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. In such cases, Dave's Hot Chicken's liability shall be limited to the greatest extent permitted by applicable law.

8. Disclaimers — As-Is Basis

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE.
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Dave's Hot Chicken does not warrant or represent that the Website will be compatible with all hardware and software configurations. You acknowledge that you use the Website at your own risk and discretion.

We do not endorse or make any warranties regarding third-party websites, services, or products that may be linked to or referenced on our Website. Access to third-party sites is at your own risk.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and the Dave's Hot Chicken Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Website or Services.
• Your violation of any provision of these Terms.
• Your violation of any applicable federal, state, or local law, rule, or regulation.
• Your infringement of any intellectual property right or other right of any person or entity.
• Any User Submissions or content you provide to Dave's Hot Chicken.
• Your negligence or willful misconduct.
• Any dispute between you and another user of our Services.

Dave's Hot Chicken reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with us in asserting any available defenses.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Dave's Hot Chicken's principal place of business is located, without giving effect to any principles of conflicts of law.

To the extent not subject to arbitration as described in Section 11 below, you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Services 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.

These Terms are subject to applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts or practices, the Children's Online Privacy Protection Act (COPPA), and other applicable federal consumer protection statutes. Where applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) may apply to California residents in connection with our Privacy Policy.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Dave's Hot Chicken at [email protected] and provide a written description of the dispute, your desired resolution, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to binding arbitration as described below.

11.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND DAVE'S HOT CHICKEN AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION, AND NOT IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING.

Arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Consumer Arbitration Rules, which are available at www.adr.org. 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.

11.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. The arbitrator shall have no authority to consolidate claims or preside over any form of class or representative proceeding.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm pending the outcome of arbitration.

11.5 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

12. Term and Termination

12.1 Term

These Terms remain in full force and effect for as long as you use the Website or Services, or maintain an account with Dave's Hot Chicken.

12.2 Termination by You

You may terminate your account and your agreement to these Terms at any time by discontinuing use of the Services and, if applicable, requesting deletion of your account by contacting us at [email protected]. Termination of your account does not entitle you to any refund for previously purchased items or unused gift card balances, except as required by law.

12.3 Termination by Dave's Hot Chicken

We reserve the right to suspend or permanently terminate your access to the Website and Services, with or without notice and without liability, if we determine, in our sole discretion, that:

• You have violated any provision of these Terms.
• You have engaged in fraudulent, abusive, or illegal activity.
• Your continued use of the Services poses a risk to our platform, other users, or our business.
• We are required to do so by applicable law or court order.

12.4 Effect of Termination

Upon termination of your account or these Terms for any reason, the following sections shall survive and remain in effect: Section 4 (Intellectual Property Rights), Section 7 (Limitation of Liability), Section 8 (Disclaimers), Section 9 (Indemnification), Section 10 (Governing Law), Section 11 (Dispute Resolution), and any other provisions that by their nature are intended to survive termination.

13. Changes to These Terms

Dave's Hot Chicken reserves the right to modify, update, or revise these Terms of Service at any time, in our sole discretion, and without prior notice. Changes will be effective upon posting to the Website, and the "Last Updated" date at the top of this page will be revised accordingly.

We may, but are not obligated to, provide notice of material changes to these Terms via email to registered users or through a prominent notice on our Website. Your continued use of the Website or Services after any changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes.

If you do not agree to any amended Terms, you must immediately cease using the Website and Services and, if applicable, close your account.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms continue in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms. No waiver by Dave's Hot Chicken of any breach of these Terms shall be deemed a waiver of any subsequent breach of the same or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of our right to enforce that right or provision in the future.

These Terms constitute the entire agreement between you and Dave's Hot Chicken regarding the use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.

15. Additional Legal Provisions

15.1 Assignment

You may not assign or transfer any 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, reorganization, or sale of all or substantially all of our assets, without restriction or notice to you.

15.2 Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in the performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of God, pandemics, epidemics, government actions or orders, civil unrest, labor disputes, supply chain disruptions, internet outages, or utility failures. In such events, we will make commercially reasonable efforts to resume normal operations as quickly as practicable.

15.3 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Dave's Hot Chicken. No third party shall have any right to enforce any provision of these Terms.

15.4 Electronic Communications

By using our Website or Services, you consent to receive electronic communications from Dave's Hot Chicken. You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal requirement that such communications be in writing.

15.5 Headings

Section headings in these Terms are for convenience and organizational purposes only and shall not affect the interpretation of any provision of these Terms.

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, your use of our Services, or any other matter, please contact us using the information below: