Terms of Service

Effective Date: June 19, 2026  |  Last Updated: June 19, 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"), the operator of the website located at hotchicken-daves.digital (the "Website"). By accessing, browsing, or using this Website, by placing an order, registering an account, or by clicking any button that states "I Agree," "I Accept," or similar affirmative language, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms in their entirety;
• You are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained the express consent of a parent or legal guardian;
• You have the legal authority and capacity to enter into this Agreement;
• Your use of the Website and services is in compliance with all applicable federal, state, and local laws and regulations in the United States.

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

These Terms apply to all visitors, users, customers, and others who access or use the Website. They govern your use of the Website, your placement of food orders, your participation in any promotional programs, and any other interaction you have with Dave's Hot Chicken through this digital platform.

2. Description of Services

Dave's Hot Chicken operates as a food service business providing customers with access to our menu offerings, online ordering capabilities, catering inquiries, promotional information, and related digital services through this Website. Our services include, but are not limited to:

2.1 Online Ordering and Food Services

We offer an online platform through which customers may browse our menu, place food orders for pickup or delivery, customize their orders according to available options, and complete payment transactions. Our menu features Nashville-style hot chicken tenders, sliders, and related food and beverage items across a range of spice levels. Food preparation and handling are conducted in accordance with applicable federal and state food safety regulations, including guidelines established by the U.S. Food and Drug Administration (FDA) and applicable state health department requirements.

2.2 Catering and Special Event Services

We may offer catering services for private events, corporate functions, and special occasions. Catering inquiries are subject to availability, minimum order requirements, and separate catering agreements that may supplement these Terms. Details regarding catering services can be obtained by contacting us directly at [email protected].

2.3 Promotional Programs and Loyalty Offers

From time to time, we may offer promotional discounts, loyalty rewards, coupons, or special offers through the Website or via email communications. Such promotions are subject to their own terms and conditions, which will be disclosed at the time of the offer. We reserve the right to modify, suspend, or terminate any promotional program at any time without prior notice, subject to any obligations already incurred.

2.4 Informational Content

The Website provides general informational content about our food offerings, nutritional information (where available), restaurant locations, operating hours, and company news. While we strive to ensure the accuracy of such information, we do not guarantee that all content is current, complete, or error-free at all times.

2.5 Third-Party Delivery Services

We may partner with third-party delivery platforms and services to facilitate delivery of your orders. When you use a third-party delivery service, you may be subject to that service's own terms of service and privacy policy. Dave's Hot Chicken is not responsible for the acts, omissions, or conduct of any third-party delivery provider.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of this Website, you agree to:

• Provide accurate, truthful, current, and complete information when creating an account, placing an order, or otherwise interacting with the Website;
• Maintain the security and confidentiality of any account credentials, passwords, or login information associated with your account;
• Promptly notify us of any unauthorized use of your account or any other breach of security;
• Use the Website only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws;
• Comply with all applicable export laws and regulations of the United States;
• Respect the intellectual property rights of Dave's Hot Chicken and any third parties whose content appears on the Website.

3.2 Prohibited Activities

You expressly agree that you will not engage in any of the following activities in connection with your use of this Website:

• Fraudulent Orders: Placing fraudulent, fictitious, or unauthorized orders, including orders made with stolen payment credentials or false identity information;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other users' accounts, or the servers or networks connected to the Website;
• Interference: Interfering with or disrupting the integrity or performance of the Website, including transmitting viruses, malware, Trojan horses, worms, or any other harmful code;
• Automated Scraping: Using automated scripts, bots, crawlers, scrapers, or similar tools to collect data from the Website without our express prior written consent;
• Impersonation: Impersonating any person or entity, or falsely claiming an affiliation with any person or entity, including Dave's Hot Chicken or its employees;
• Harassment: Harassing, threatening, intimidating, or abusing any other user, employee, or representative of Dave's Hot Chicken;
• Illegal Activity: Using the Website to facilitate any illegal activity, including but not limited to money laundering, fraud, or the violation of any applicable laws or regulations;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Website;
• Commercial Exploitation: Reselling, sublicensing, or commercially exploiting any content or services provided through the Website without our express written authorization;
• Spam: Sending unsolicited communications (spam), chain letters, or pyramid schemes through any communication feature available on the Website.

Violation of any prohibited activity may result in immediate termination of your access to the Website, cancellation of pending orders, and may expose you to civil and/or criminal liability under applicable United States law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state statutes.

4. Account Registration

Certain features of the Website, including the ability to place online orders and track order history, may require you to create an account. When registering for an account, you agree to provide complete and accurate registration information and to keep such information up to date. You are solely responsible for all activity that occurs under your account. Dave's Hot Chicken reserves the right to refuse registration, cancel accounts, or remove or edit content in its sole discretion. You may not transfer your account to any third party without our prior written consent. We reserve the right to suspend or terminate your account if we believe, in our sole judgment, that you have violated these Terms or that your account has been compromised.

5. Intellectual Property Rights

5.1 Ownership

All content, materials, and features available on or through the Website — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, website design, layout, and the overall "look and feel" of the Website — are the exclusive property of Dave's Hot Chicken or its content suppliers and are protected by 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 state and common law rights.

5.2 Trademarks

The name "Dave's Hot Chicken," the Company's logo, slogans, and all related marks, names, and logos are trademarks or registered trademarks of Dave's Hot Chicken in the United States. All other trademarks, service marks, and logos displayed on the Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Dave's Hot Chicken or any third party.

5.3 Limited License

Subject to your full compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes — specifically, to browse our menu, place food orders, and use the informational features of the Website. This license does not permit you to: (a) modify or create derivative works based on any Website content; (b) frame or utilize framing techniques to enclose any trademark or other proprietary information; (c) use any meta tags or hidden text using our name or trademarks; or (d) use any content for any commercial purpose or public display without our express written consent.

5.4 User-Submitted Content

If you submit any reviews, feedback, comments, photographs, or other content to the Website ("User Content"), you grant Dave's Hot Chicken a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe upon any third-party rights. Dave's Hot Chicken reserves the right to remove any User Content at its sole discretion.

6. Payment Terms

6.1 Pricing and Taxes

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax, delivery fees, service charges, or gratuity unless expressly stated. All applicable taxes will be calculated and displayed at checkout in accordance with federal and state tax laws, including applicable state sales tax requirements. You are responsible for any taxes or fees applicable to your purchase.

6.2 Payment Methods

We accept payment through the methods displayed on our Website at the time of checkout, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and select digital payment platforms. By providing payment information, you represent and warrant that: (a) you are authorized to use the designated payment method; (b) the payment information you provide is accurate and complete; and (c) you authorize Dave's Hot Chicken and its payment processors to charge your selected payment method for the total amount of your order, including any applicable taxes and fees.

6.3 Order Confirmation and Processing

An order placed through the Website constitutes an offer to purchase food items subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity. You will receive an order confirmation via email or on-screen notification once your order has been accepted and processed. Dave's Hot Chicken is not responsible for orders that are not received due to inaccurate contact information provided by the customer.

6.4 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final. If you experience an issue with the quality or accuracy of your order, you must contact us within a reasonable time of receipt. We will review all complaints on a case-by-case basis and may, at our sole discretion, offer a replacement, credit, or refund. Chargebacks or payment disputes initiated without first contacting us may result in the suspension or termination of your account. Our refund policies are subject to applicable consumer protection laws, including but not limited to protections available under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.).

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE 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, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS OR VIRUSES;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE, INCLUDING MENU DESCRIPTIONS, NUTRITIONAL INFORMATION, OR PRICING;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety. In such jurisdictions, our warranties are limited to the minimum extent permitted by applicable law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE WEBSITE;
• DAMAGES ARISING FROM FOOD ALLERGIES, DIETARY RESTRICTIONS, OR ADVERSE REACTIONS TO FOOD PRODUCTS, WHERE ADEQUATE ALLERGEN NOTICES HAVE BEEN PROVIDED.

IN NO EVENT SHALL DAVE'S HOT CHICKEN'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND SHALL APPLY EVEN IF DAVE'S HOT CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

9. Food Allergen and Dietary Notice

Dave's Hot Chicken makes reasonable efforts to provide allergen information for our menu items on the Website. However, our food is prepared in kitchens that handle common allergens, including but not limited to peanuts, tree nuts, wheat, soy, dairy, eggs, fish, and shellfish. Cross-contamination may occur despite precautionary measures. If you have a known food allergy or dietary restriction, you are strongly encouraged to contact us directly before placing your order. Dave's Hot Chicken shall not be liable for any allergic reactions or adverse health events that occur as a result of consuming our food products where allergen information was disclosed or reasonably available.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its officers, directors, shareholders, employees, independent contractors, agents, licensors, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses — including reasonable attorneys' fees and court costs — arising out of or in connection with:

• Your access to or use of the Website or our services;
• Your breach of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Content submitted by you;
• Your fraudulent, negligent, or intentionally wrongful acts or omissions.

Dave's Hot Chicken reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Dave's Hot Chicken in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Dave's Hot Chicken.

11. Governing Law and Jurisdiction

These Terms and any dispute, controversy, or claim arising out of or relating to these Terms, including their formation, interpretation, breach, termination, or validity, 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 regard to its conflict of law principles or choice of law rules that would require the application of the laws of any other jurisdiction.

Subject to the Dispute Resolution provisions set forth in Section 12 below, you consent to the exclusive personal jurisdiction and venue of the federal and state courts located within the United States for any legal proceedings not subject to mandatory arbitration. Any cause of action you may have arising out of or relating to these Terms or your use of the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

You and Dave's Hot Chicken expressly waive any right to a jury trial in connection with any dispute arising under these Terms, to the maximum extent permitted by applicable law.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website informally by contacting Dave's Hot Chicken at [email protected]. We 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 as described below.

12.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AND REQUESTS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES THEN IN EFFECT (AVAILABLE AT WWW.ADR.ORG). THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

12.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE ACTION. UNLESS BOTH YOU AND DAVE'S HOT CHICKEN AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Arbitration Fees

The allocation of arbitration fees and costs shall be governed by the AAA's Consumer Arbitration Rules. Dave's Hot Chicken will pay all AAA filing, administrative, and arbitrator fees for any arbitration initiated under these Terms, unless the arbitrator finds your claim to be frivolous or brought in bad faith, in which case the AAA Rules regarding fee shifting shall apply.

13. Term and Termination

13.1 Duration

These Terms commence on the date you first access or use the Website and remain in full force and effect for as long as you continue to use the Website or maintain an account with us, unless earlier terminated in accordance with these Terms.

13.2 Termination by You

You may terminate your account and cease using the Website at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not affect any orders already placed or any accrued obligations or rights.

13.3 Termination by Us

Dave's Hot Chicken reserves the right, at its sole discretion, to suspend or terminate your access to all or any portion of the Website at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to: (a) violation of these Terms; (b) conduct that we believe is harmful to other users, third parties, or our business interests; (c) requests from law enforcement or government authorities; or (d) technical, security, or legal reasons.

13.4 Effect of Termination

Upon termination, your license to use the Website immediately ceases. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation: intellectual property provisions, disclaimers of warranties, limitations of liability, indemnification obligations, and dispute resolution provisions.

14. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Dave's Hot Chicken. These links are provided for your convenience and informational purposes only. 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 or make any representations about third-party websites. Your use of any third-party website or service is governed by that third party's terms and policies. We encourage you to review the terms and privacy policies of any third-party sites you visit.

15. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information in connection with your use of our Website and services. By using the Website, you consent to the data practices described in our Privacy Policy. If you are a resident of California, additional rights may be available to you under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), as described in our Privacy Policy.

16. Changes to Terms

Dave's Hot Chicken reserves the right to modify, amend, update, or replace these Terms at any time, in our sole discretion. When we make material changes to these Terms, we will provide notice by one or more of the following methods: (a) posting a notice on the Website's homepage; (b) updating the "Last Updated" date at the top of this page; (c) sending an email notification to the address associated with your account; or (d) displaying a prominent notice upon your next login to the Website.

Your continued use of the Website after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must immediately discontinue use of the Website and, if applicable, close your account. We encourage you to review these Terms periodically to remain informed of any updates.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law for any reason, that provision shall be deemed 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, illegality, or unenforceability of any one provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that comes closest to the intention of the original provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms published on the Website, constitute the entire agreement between you and Dave's Hot Chicken with respect to your use of the Website and the services offered thereon, and supersede all prior or contemporaneous communications, proposals, representations, warranties, and agreements, whether oral, written, or electronic, between you and Dave's Hot Chicken relating to the same subject matter. No oral or written information or advice given by Dave's Hot Chicken or its representatives shall create a warranty or in any way increase the scope of our obligations under these Terms.

19. Waiver

The failure of Dave's Hot Chicken to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of that term or condition or any other term or condition. Any waiver must be in writing and signed by an authorized representative of Dave's Hot Chicken to be effective. A waiver on one occasion shall not be deemed a waiver of the same or any other right on any future occasion.

20. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, strikes or labor disputes, power outages, internet or telecommunications failures, civil unrest, or other events of force majeure. In the event of such circumstances, we will make reasonable efforts to provide notice and to resume performance as soon as practicable.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to report a violation, submit a legal notice, or contact us for any other reason, please reach out to us using the following contact information:

We aim to respond to all inquiries within five (5) business days. For urgent matters, please indicate the nature of your concern in the subject line of your email. For legal notices or formal dispute initiation, please send written correspondence to the email address listed above with the subject line "Legal Notice — Terms of Service."