Terms of Service

Effective Date: June 4, 2026  |  Last Updated: June 4, 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 daves-chicken.digital (the "Website"), as well as any related online ordering services, mobile applications, digital platforms, and all food-related services offered by or through the Company.

By visiting our Website, creating an account, placing an order, subscribing to promotional communications, or otherwise interacting with our digital 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 our Website 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 the terms "you" and "your" shall refer to both you individually and such entity.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use the Website or services in any capacity. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use this Website and place orders. By using our services, you represent and warrant that you meet this age requirement. If you are a minor, you may only use this Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Dave's Hot Chicken operates as a food service business offering Nashville-style hot chicken and related food products. Through our Website at daves-chicken.digital, we provide the following services:

• Online Ordering: The ability to browse our menu, customize food items, and place orders for pickup or delivery at participating locations.
• Account Management: Registration and maintenance of user accounts for streamlined ordering and order history tracking.
• Promotions and Loyalty Programs: Access to digital promotions, discount codes, loyalty rewards, and limited-time offers.
• Catering Inquiries: Submission of catering requests and event-based food service inquiries.
• Customer Support: Access to customer service resources, FAQs, and direct communication channels.
• Location Services: Tools to find nearby Dave's Hot Chicken locations, hours of operation, and contact details.
• Nutritional and Allergen Information: General nutritional data and allergen disclosures for menu items.

All services are provided subject to availability. We reserve the right to modify, suspend, or discontinue any service, menu item, or feature at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Delivery services, where available, may be fulfilled through third-party delivery partners. In such cases, separate terms and conditions of those third-party providers may also apply, and Dave's Hot Chicken is not responsible for the acts or omissions of any third-party delivery service.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or submitting any forms on our Website.
• Maintain the security and confidentiality of your account credentials and notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Use the Website and services solely for lawful, personal, non-commercial purposes unless expressly authorized in writing by Dave's Hot Chicken.
• Comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of our Website and services.
• Promptly pay for all orders placed through our Website in accordance with the payment terms set forth herein.
• Ensure that the contact information associated with your account remains accurate and up to date at all times.
• Be present or designate a responsible adult to receive food orders at the specified delivery or pickup location.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities when using our Website or services:

• Use the Website for any unlawful purpose or in violation of any applicable federal, state, or local law, including but not limited to the Federal Trade Commission Act (FTC Act), applicable consumer protection statutes, and the Computer Fraud and Abuse Act (CFAA).
• Attempt to gain unauthorized access to any portion of the Website, its servers, or any systems or networks connected to the Website through hacking, password mining, or any other means.
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material to the Website or its infrastructure.
• Use any automated tools, bots, scrapers, crawlers, or similar technologies to collect data from our Website without our prior written consent.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity, including Dave's Hot Chicken employees or representatives.
• Submit false, fraudulent, or misleading orders, reviews, or communications through the Website.
• Engage in any activity that disrupts, interferes with, or imposes an unreasonable or disproportionately large load on our Website's infrastructure.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content without express written permission from Dave's Hot Chicken.
• Collect or harvest any personally identifiable information from the Website without authorization.
• Post or transmit any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Violate any intellectual property rights of Dave's Hot Chicken or any third party.
• Attempt to circumvent any security measures, encryption, or authentication protocols implemented on the Website.
• Use promotional codes, coupons, or loyalty rewards in a fraudulent, unauthorized, or abusive manner.

Dave's Hot Chicken reserves the right to investigate any suspected violations of these Terms and to take appropriate legal action, including without limitation referring violations to law enforcement authorities, seeking injunctive relief, and pursuing monetary damages to the fullest extent permitted by applicable law.

4. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, recipes, menu descriptions, software, and the compilation thereof — are the exclusive property of Dave's Hot Chicken or its licensors and are protected by United States and international intellectual property laws, including copyright, trademark, patent, trade secret, and other proprietary rights laws.

The Dave's Hot Chicken name, logo, brand marks, slogans, 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 this Website are the trademarks of their respective owners.

Subject to these Terms, Dave's Hot Chicken grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial use only. This license does not include:

• Any resale or commercial use of the Website or its contents.
• Any collection or use of product listings, descriptions, or prices.
• Any derivative use of the Website or its contents.
• Any downloading or copying of account information for the benefit of any third party.
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Website or its content immediately terminates the license granted herein. We reserve all rights not expressly granted in these Terms.

If you provide any feedback, comments, ideas, reviews, suggestions, or other submissions regarding our products or services ("User Content"), you grant Dave's Hot Chicken a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media or marketing materials, without any obligation to compensate or credit you.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items subject to these Terms. All orders are subject to availability and confirmation. Dave's Hot Chicken reserves the right to accept or decline any order at its sole discretion. An order is not confirmed until you receive an order confirmation notification via email or through the Website.

Menu items, prices, and availability are subject to change without notice. Images of food items displayed on the Website are for illustrative purposes only; actual food items may vary in appearance.

5.2 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes, fees, and surcharges, which will be calculated and displayed at checkout. Prices may vary by location. We reserve the right to modify prices at any time without prior notice.

5.3 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as displayed on the Website at the time of checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided.
• The payment information you provide is accurate and complete.
• You authorize Dave's Hot Chicken to charge the applicable total amount to your provided payment method.

All payment transactions are processed through secure, third-party payment processors. Dave's Hot Chicken does not store full credit card numbers on its servers. Your payment information is handled in accordance with Payment Card Industry Data Security Standards (PCI DSS).

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you believe your order was incorrect, unsatisfactory, or affected by a quality issue, please contact us at [email protected] within 24 hours of receiving your order, and we will work with you to find a reasonable resolution, which may include a credit, replacement, or refund at our sole discretion. Refunds, where approved, will be processed to the original payment method within 5–10 business days.

5.5 Promotions and Discount Codes

Promotional offers, coupon codes, and discount programs are subject to their own specific terms and conditions and may be modified or discontinued at any time without notice. Promotional codes are non-transferable, have no cash value, and may not be combined with other offers unless expressly stated otherwise. Dave's Hot Chicken reserves the right to void any order where a promotional code has been used fraudulently or in violation of these Terms.

6. Disclaimer of Warranties

7. Limitation of Liability

8. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its officers, directors, shareholders, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Website or our services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or proprietary rights;
• Any User Content submitted by you through the Website;
• Any fraudulent, false, or misleading information provided by you;
• Any willful misconduct or negligence on your part in connection with your use of our Website or services.

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

9. Food Safety, Allergens, and Health Disclaimer

Dave's Hot Chicken takes food safety and quality seriously. However, we cannot guarantee that any menu item is entirely free from any specific allergen. Our kitchen facilities handle common allergens including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish. Cross-contamination may occur during normal food preparation processes.

Customers with known food allergies, dietary restrictions, or medical conditions are strongly encouraged to:

• Review all available allergen information on our Website before placing an order.
• Contact us directly at [email protected] to discuss their specific dietary needs prior to ordering.
• Consult with a qualified healthcare professional regarding their dietary requirements and restrictions.

Our hot chicken products contain capsaicin and varying levels of spice. Individuals with gastrointestinal sensitivities, heart conditions, or other relevant health conditions should consult their physician before consuming our spicy food products. Dave's Hot Chicken is not liable for any adverse reactions, health complications, or injuries arising from the consumption of our food products.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Dave's Hot Chicken, including delivery platforms, social media pages, and payment processors. Dave's Hot Chicken has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not endorse any third-party websites, services, or products.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use in connection with our Website. Your use of third-party services is at your own risk.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and available on our Website. By using our Website and services, you consent to the collection and use of your personal information as described in our Privacy Policy.

To the extent you are a resident of the State of California, your rights regarding your personal information may also be governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for more detailed information regarding your rights under applicable law.

12. 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 state laws of the state in which the Company is registered or primarily operates, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in the United States, and you hereby consent to the personal jurisdiction of such courts.

If you are accessing our Website from outside the United States, you do so at your own risk and are responsible for compliance with any applicable local laws of your jurisdiction. Dave's Hot Chicken makes no representation that the content of this Website is appropriate or available for use in all locations.

Nothing in these Terms shall limit Dave's Hot Chicken's right to seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property rights, confidential information, or other proprietary interests.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Dave's Hot Chicken directly at [email protected] and provide a written description of your dispute, including the nature of the claim, the relief sought, and any relevant documentation. Dave's Hot Chicken and you agree to use good faith efforts to resolve the dispute informally within thirty (30) calendar days of the date of the initial written notice of the dispute.

13.2 Binding Arbitration

If the parties cannot resolve a dispute informally within the 30-day period described above, any and all disputes, controversies, or claims arising out of or relating to these Terms, the Website, or our services (including disputes regarding the interpretation, validity, enforceability, or breach of these Terms) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.

13.3 Class Action Waiver

13.4 Exception for Small Claims and Equitable Relief

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claims qualify and remain in such court. Either party may also seek emergency equitable relief from a court of competent jurisdiction to maintain the status quo pending arbitration, and both parties agree that such equitable relief may be sought without waiving the right to arbitrate the underlying dispute.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or our services. Dave's Hot Chicken reserves the right, in its sole discretion, to:

• Suspend or terminate your access to all or any part of the Website at any time, with or without cause, and with or without notice.
• Delete your account and all associated data in accordance with our Privacy Policy.
• Refuse service to any user who violates these Terms or engages in conduct that Dave's Hot Chicken reasonably determines to be harmful to other users, the Company, or third parties.

You may terminate your account at any time by contacting us at [email protected] with a request for account deletion. Termination of your account does not relieve you of any obligations or liabilities that arose prior to the date of termination.

Upon termination of these Terms or your account for any reason:

• The license granted to you under Section 4 shall immediately terminate.
• You must immediately cease all use of the Website and any of its content.
• Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4, 6, 7, 8, 12, 13, and 14.

15. Changes to These Terms

Dave's Hot Chicken reserves the right to revise, update, modify, or replace any part of these Terms of Service at any time and at its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In the event of material changes to these Terms, we may also provide additional notice, such as sending an email notification to the email address associated with your account or posting a prominent notice on our Website.

It is your responsibility to review these Terms periodically for any changes. Your continued access to or use of the Website and our services after the posting of revised Terms constitutes your acceptance of and agreement to such changes. If you do not agree to the revised Terms, you must immediately discontinue your use of the Website and, if applicable, close your account.

We encourage you to bookmark this page and review these Terms regularly to stay informed of any updates.

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, void, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, that provision shall be deemed severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall be construed to give effect to the original intent of the parties to the maximum extent possible. The invalidity, illegality, or unenforceability of any particular provision shall not affect or impair the enforceability of the remaining provisions.

Furthermore, if any provision of these Terms is found to be unenforceable as written, it shall be modified to the minimum extent necessary to make it enforceable, and the modified provision shall be given full force and effect.

17. Entire Agreement and Waiver

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

No waiver by Dave's Hot Chicken 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 Dave's Hot Chicken to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or regulations, civil unrest, war, terrorism, labor strikes, supply chain disruptions, internet or telecommunications failures, or any other event of force majeure. In such circumstances, Dave's Hot Chicken's obligations shall be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume normal operations as soon as reasonably practicable.

19. Electronic Communications and Notices

By using our Website, creating an account, or placing an order, you consent to receiving electronic communications from Dave's Hot Chicken, including emails, text messages (where opted in), and Website notifications. These communications may include order confirmations, account updates, promotional materials, and important notices regarding these Terms. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

All notices to Dave's Hot Chicken under these Terms must be sent in writing to the contact information provided below and shall be effective upon receipt.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to contact Dave's Hot Chicken for any reason related to your use of our Website or services, please reach out to us using the contact details below:

We will make every effort to respond to your inquiries in a timely manner during normal business hours. For urgent food safety concerns, please contact your local health department or emergency services as appropriate.