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," "you," or "your") and Davanni's ("Company," "we," "us," or "our"), governing your access to and use of the website located at davannis.top (the "Website"), as well as any related services, features, content, applications, or products offered by Davanni's (collectively, the "Services").

By visiting our Website, creating an account, placing an order, subscribing to any service, or otherwise engaging with us in any manner, 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 accessing or using the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case, "you" or "your" will refer to that entity.

You must be at least 18 years of age to enter into this Agreement and use our Services. By using our Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.

Davanni's reserves the right to refuse service to anyone for any reason at any time, consistent with applicable law. Your continued use of our Services following the posting of any changes to these Terms constitutes your acceptance of those changes.

2. Description of Services

Davanni's is a food service company operating in the United States, offering customers a wide range of food products, meal options, catering services, and related food and beverage experiences. Our Services include, but are not limited to:

• Online Ordering: Customers may place orders for food and beverages through our Website for delivery, carryout, or dine-in, depending on availability and location.
• Catering Services: We provide catering solutions for events, corporate gatherings, private parties, and other occasions, subject to advance booking and availability.
• Loyalty and Rewards Programs: Davanni's may offer loyalty programs, promotional discounts, or rewards to registered users, subject to the specific terms of such programs.
• Informational Content: Our Website provides menus, nutritional information, allergen disclosures, company news, and other informational content related to our food offerings and business.
• Account Management: Registered users may create and manage personal accounts to streamline ordering, track order history, and manage preferences.
• Gift Cards and Vouchers: Davanni's may offer digital or physical gift cards subject to separate terms and conditions.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice to you, and without liability to you or any third party. Availability of menu items, pricing, promotions, and delivery areas may vary and are subject to change without prior notice.

3. User Account Registration and Obligations

3.1 Account Creation

Certain features of our Services may require you to register for an account. When creating an account, you agree to provide accurate, current, and complete information, and to update such information as necessary to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security. Davanni's will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.2 User Responsibilities

As a user of our Services, you agree to:

• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services;
• Provide accurate, truthful, and complete information when placing orders, creating accounts, or communicating with us;
• Use our Services only for lawful purposes and in accordance with these Terms;
• Respect the intellectual property rights of Davanni's and third parties;
• Maintain the security of your account and notify us promptly of any unauthorized access;
• Pay all charges incurred through your account, including applicable taxes and fees;
• Comply with any additional terms applicable to specific services, promotions, or programs offered by Davanni's.

3.3 Prohibited Activities

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

• Using the Website or Services for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders, using stolen payment information, or impersonating another person or entity;
• Attempting to gain unauthorized access to our systems, servers, networks, or databases, or to any account not belonging to you;
• Introducing viruses, malware, ransomware, Trojan horses, spyware, or other malicious code into our Website or systems;
• Engaging in any activity that disrupts, interferes with, or damages the operation of our Website or Services, including denial-of-service attacks;
• Scraping, crawling, harvesting, or otherwise collecting data from our Website without our express written consent;
• Using automated tools, bots, or scripts to interact with our Website or place orders without human oversight;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our Services without our express written permission;
• Using our Services to transmit unsolicited commercial communications (spam);
• Posting, transmitting, or distributing any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
• Circumventing or manipulating any pricing, promotional, or discount systems;
• Engaging in any conduct that could harm Davanni's reputation, brand, or business interests;
• Violating any applicable food safety regulations or attempting to interfere with food preparation processes.

Violation of any of the above prohibited activities may result in the immediate termination of your account, cancellation of orders, and, where appropriate, referral to law enforcement authorities. Davanni's reserves the right to seek all available legal remedies for violations of these Terms.

4. Orders, Payment, and Pricing

4.1 Placing Orders

When you place an order through our Website, you are making an offer to purchase food products or services in accordance with these Terms and at the prices listed at the time of your order. All orders are subject to acceptance by Davanni's. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product description, or suspected fraud.

Once an order is placed and confirmed, changes or cancellations may not be possible depending on the stage of food preparation and fulfillment. Please review your order carefully before submitting.

4.2 Pricing and Taxes

All prices displayed on our Website are in U.S. Dollars (USD) and are subject to change without prior notice. Applicable sales taxes, service charges, delivery fees, and other surcharges will be calculated and disclosed to you prior to final order confirmation. You are responsible for all taxes and fees associated with your order, as required by applicable state and local law.

Davanni's makes reasonable efforts to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel or adjust orders accordingly. In such cases, we will notify you promptly and offer you the option to proceed at the corrected price or receive a full refund.

4.3 Payment Methods

We accept various payment methods as indicated on our Website at the time of purchase, which may include major credit cards, debit cards, digital wallets, and gift cards. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Davanni's to charge your payment method for the total amount of your order, including taxes and applicable fees.

All payment transactions are processed through secure, third-party payment processors. Davanni's does not store complete payment card information on its servers. Payment processing is subject to the terms and privacy policies of the applicable payment processor.

4.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final once an order has been prepared and fulfilled. In the event of a quality issue, missing item, or incorrect order, please contact us within a reasonable time of receiving your order at [email protected]. We will review each situation on a case-by-case basis and, at our sole discretion, may offer a replacement, store credit, or refund where appropriate.

5. Delivery and Catering Services

Delivery availability, hours of operation, and geographic service areas are subject to change and are displayed on our Website. Estimated delivery times are provided for informational purposes only and are not guaranteed. Davanni's shall not be liable for delays caused by circumstances beyond our reasonable control, including traffic conditions, weather events, or third-party delivery service disruptions.

Catering orders require advance notice and are subject to specific catering terms, including minimum order requirements, deposit policies, and cancellation deadlines. Details will be provided at the time of catering booking. Catering deposits may be non-refundable depending on the circumstances of cancellation.

6. Intellectual Property Rights

6.1 Ownership

All content on our Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, recipes, menu designs, and all other materials (collectively, "Content"), is the exclusive property of Davanni's or its content suppliers and is protected by United States copyright, trademark, trade dress, patent, and other intellectual property laws, as well as applicable international intellectual property conventions and treaties.

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

6.2 Limited License

Subject to your compliance with these Terms, Davanni's grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes related to ordering food and using our Services. This license does not include any right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Download or copy account information for the benefit of another merchant;
• Use the Content for any commercial purpose or for any public display without our express written consent.

6.3 User-Submitted Content

If you submit, post, or otherwise provide any content, feedback, suggestions, reviews, photos, or other materials to Davanni's through our Website or any of our social media channels (collectively, "User Content"), you grant Davanni's a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, media, or technology. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not infringe or violate any third-party rights.

7. Food Allergen and Nutritional Information

Davanni's makes reasonable efforts to provide accurate allergen and nutritional information for our menu items. However, our food is prepared in kitchen environments where common allergens, including but not limited to gluten, dairy, nuts, eggs, soy, shellfish, and sesame, may be present. We cannot guarantee that any menu item is completely free of allergens. Customers with food allergies or dietary restrictions are strongly encouraged to consult with our staff prior to ordering and to exercise appropriate caution. Davanni's shall not be liable for any allergic reaction or dietary concern arising from consumption of our food products.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Davanni's. These links are provided for your convenience only. 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 do not endorse or make any representations about third-party websites. We encourage you to review the terms and privacy policies of any third-party websites you visit. Your use of third-party websites is entirely at your own risk.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVANNI'S PROVIDES THE WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY 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 THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR FITNESS OF FOOD PRODUCTS BEYOND WHAT IS REQUIRED BY APPLICABLE FEDERAL, STATE, AND LOCAL FOOD SAFETY REGULATIONS.

Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such states, Davanni's liability shall be limited to the greatest extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL DAVANNI'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or business opportunities;
• Personal injury or property damage;
• Unauthorized access to or alteration of your transmissions or data;
• Any errors or omissions in any content;
• Any other matter relating to the Website or Services;

EVEN IF DAVANNI'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DAVANNI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVANNI'S IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO 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 the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in their entirety.

11. Indemnification

You agree to defend, indemnify, and hold harmless Davanni's and its officers, directors, employees, agents, shareholders, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from 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 law, rule, or regulation;
• Your User Content or any content you submit, post, or transmit through the Services;
• Your infringement of any intellectual property or other rights of any person or entity;
• Any fraudulent, deceptive, or harmful activity conducted by you in connection with the Services;
• Any dispute or transaction between you and any third party in connection with the Services.

Davanni's reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to 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 them, 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 of America and the applicable state laws of the state in which Davanni's is registered and operates, without regard to its conflict of law provisions or rules.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the state of Davanni's principal place of business. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue of any such proceeding in such courts.

These Terms are subject to applicable federal consumer protection laws, including but not limited to the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., which prohibits unfair or deceptive acts or practices in commerce. To the extent you are a California resident, additional rights may apply to you under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Davanni's at [email protected] and provide a written description of the dispute, your contact information, and the remedy you seek. Davanni's will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT AND EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES — INCLUDING QUESTIONS ABOUT THE EXISTENCE, VALIDITY, OR TERMINATION OF THESE TERMS — SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), INCLUDING THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES WHERE APPLICABLE.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding upon both parties. The arbitrator shall have the authority to award any remedy that would be available in a court of law. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

13.3 Class Action Waiver

YOU AND DAVANNI'S EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a dispute proceeds in court rather than in arbitration, YOU AND DAVANNI'S EACH WAIVE ANY RIGHT TO A JURY TRIAL. You also agree not to participate in a class action lawsuit or class-wide arbitration against Davanni's.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Such a request shall not be deemed a waiver of the obligation to arbitrate.

14. Term and Termination

14.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Website or Services. Certain provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification obligations, limitations of liability, governing law, and dispute resolution provisions.

14.2 Termination by You

You may terminate your account and your use of our Services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liabilities incurred prior to termination, including payment for any orders placed.

14.3 Termination by Davanni's

Davanni's reserves the right to suspend, restrict, or terminate your access to all or any part of the Website or Services at any time, with or without cause, with or without notice, effective immediately, including but not limited to cases where we believe you have violated these Terms, engaged in fraudulent activity, or where your use poses a risk to our business or other users. Upon termination, your right to use the Services will immediately cease.

15. Changes to These Terms

Davanni's reserves the right to modify, update, or revise these Terms of Service at any time in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our Website, with the "Last Updated" date revised accordingly. We may, but are not obligated to, provide additional notice of material changes via email to the address associated with your account or through a prominent notice on our Website.

Your continued use of our Website or Services after the posting of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue your use of our Services and, if applicable, close your account.

It is your responsibility to review these Terms periodically to stay informed of any changes. Davanni's encourages you to check this page regularly.

16. Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect. The remaining provisions of these Terms shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

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, 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 agreements, communications, and understandings, whether written or oral, relating to the subject matter hereof.

No waiver by Davanni's of any term or condition set forth 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. A waiver shall only be effective if made in writing and signed by a duly authorized representative of Davanni's.

18. Force Majeure

Davanni's shall not be liable to you for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond Davanni's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, civil unrest, labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, or any other event of force majeure. In such circumstances, Davanni's obligations shall be suspended for as long as the force majeure event continues, and we will use commercially reasonable efforts to resume normal operations as quickly as possible.

19. Electronic Communications

By using our Website and Services and providing your email address, you consent to receive communications from Davanni's electronically, including emails and notices posted on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

You may opt out of receiving promotional emails at any time by following the unsubscribe instructions contained in those emails or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or administrative emails related to your orders and account.

20. Children's Online Privacy

Our Website and Services are not directed at children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information without verifiable parental consent, we will take steps to delete such information. If you believe that a child under 13 may have provided us with personal information, please contact us at [email protected]. Our practices with respect to children's privacy are further described in our Privacy Policy, which complies with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

21. Accessibility

Davanni's is committed to making our Website accessible to all users, including those with disabilities, in compliance with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181 et seq., and applicable accessibility guidelines including the Web Content Accessibility Guidelines (WCAG). If you experience difficulty accessing any part of our Website or Services due to a disability, please contact us at [email protected] so that we may assist you and work to improve accessibility.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service or our Services, please contact us using the information below: