Terms of Service

Effective Date: June 21, 2026  |  Last Updated: June 21, 2026

1. Acceptance of Terms

Welcome to Dave's Hot Chicken. 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 owner and operator of the website located at daveshotchicken.click (the "Website").

By accessing, browsing, or using this Website — including placing an order, creating an account, subscribing to any service, or otherwise engaging with our digital or physical food service offerings — you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use the Website or services in any capacity. If you are using this Website on behalf of a business entity or organization, you represent and warrant that you have the legal authority to bind that entity to these Terms, and that you accept these Terms on behalf of that entity.

You must be at least thirteen (13) years of age to access or use this Website. If you are under the age of eighteen (18), you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to verify your age and eligibility at any time.

2. Description of Services

Dave's Hot Chicken operates as a food service business offering Nashville-style hot chicken and related food products to consumers within the United States. Through the Website, we may provide the following services and features:

• Online Food Ordering: Customers may browse our menu, customize orders based on heat levels and available options, and place orders for pickup or delivery through the Website or affiliated third-party platforms.
• Menu Information: We provide detailed descriptions of our food items, including ingredients, heat level ratings, allergen disclosures, nutritional information, and pricing.
• Promotions and Offers: From time to time, we may offer limited-time promotions, discounts, loyalty rewards, or special deals through the Website or via email communications.
• Account Management: Users may create an account to manage order history, save preferences, track loyalty points, and receive personalized communications.
• Customer Support: We provide customer service assistance via email and other available channels to address inquiries, complaints, refund requests, and general support needs.
• Third-Party Delivery Integration: We may partner with third-party delivery platforms or services (such as DoorDash, Uber Eats, Grubhub, or similar providers) for delivery fulfillment. These platforms operate under their own independent terms of service.

We reserve the right to modify, expand, restrict, or discontinue any aspect of our services at any time, with or without notice, at our sole discretion. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.

The availability of menu items, pricing, and service offerings may vary by location and are subject to change without prior notice. Not all menu items or features displayed on the Website may be available in all geographic areas or at all times.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a user of this Website and our services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order, including your name, delivery address, contact information, and payment details.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or breach of security.
• Ensure that all orders placed under your account are accurate and that you are responsible for all charges incurred.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website and services.
• Use the Website only for lawful, personal, non-commercial purposes unless expressly authorized otherwise in writing by Dave's Hot Chicken.
• Respect the intellectual property rights and proprietary information of Dave's Hot Chicken and third parties.

3.2 Prohibited Activities

You expressly agree NOT to engage in any of the following prohibited activities when using this Website:

• Submitting false, misleading, or fraudulent information in connection with any order, account registration, or communication with us.
• Attempting to gain unauthorized access to our systems, servers, databases, or any part of the Website through hacking, password mining, or any other means.
• Using automated tools, bots, scrapers, crawlers, or similar technologies to extract data from the Website without our express written consent.
• Engaging in any activity that disrupts, interferes with, or places an unreasonable burden on the Website's infrastructure or functionality.
• Uploading, transmitting, or distributing malicious code, viruses, trojans, ransomware, or any other harmful software through the Website.
• Impersonating Dave's Hot Chicken, its employees, representatives, or any other person or entity.
• Using the Website to transmit unsolicited communications, spam, or promotional materials.
• Attempting to reverse-engineer, decompile, or disassemble any software or technology used to operate the Website.
• Engaging in fraudulent chargebacks, promotional abuse, or any scheme designed to obtain goods or services without proper payment.
• Collecting or harvesting personal information about other users without their consent.
• Using the Website in any manner that could damage the reputation, goodwill, or business interests of Dave's Hot Chicken.
• Posting or transmitting any content that is defamatory, obscene, harassing, threatening, discriminatory, or otherwise objectionable.

We reserve the right to investigate any suspected violation of these Terms and to take appropriate legal action, including reporting such conduct to law enforcement authorities and seeking injunctive or monetary relief as permitted by applicable law.

4. Intellectual Property Rights

All content, materials, and elements displayed on or made available through the Website — including but not limited to text, graphics, logos, photographs, images, video content, audio recordings, menu designs, trade names, trademarks, service marks, trade dress, software, source code, and the overall look and feel of the Website — are the exclusive proprietary property of Dave's Hot Chicken or its licensors and are protected by applicable United States and international intellectual property laws, including the Lanham Act, the Copyright Act (17 U.S.C. § 101 et seq.), and relevant state laws.

The "Dave's Hot Chicken" name, logo, and all related marks, names, and slogans are trademarks or registered trademarks of Dave's Hot Chicken. Nothing in these Terms shall be construed as granting you any license or right to use these trademarks, service marks, or trade names without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with placing food orders and obtaining information about our services. This license does not include:

• Any resale or commercial use of the Website or its content.
• Any collection or use of product listings, descriptions, or prices.
• Any derivative use of the Website or its content.
• Any downloading, copying, or sharing of account information for the benefit of third parties.

Any unauthorized reproduction, distribution, public display, or transmission of our content — in whole or in part — without prior written permission from Dave's Hot Chicken constitutes copyright infringement and may subject you to civil and criminal liability under the Digital Millennium Copyright Act (DMCA) and other applicable laws.

If you believe that any content on our Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

5. Ordering and Payment Terms

5.1 Order Placement

By placing an order through the Website, you are making an offer to purchase food products subject to these Terms and any additional terms presented at checkout. We reserve the right to accept or reject any order at our sole discretion. An order confirmation sent to your email does not constitute our final acceptance of an order; we may cancel confirmed orders due to pricing errors, product unavailability, or suspected fraudulent activity.

You are responsible for ensuring the accuracy of your order, including selected items, heat levels, quantities, delivery address, and any special instructions. We may not be able to accommodate modifications after an order has been submitted and accepted.

5.2 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 fees, or gratuities unless expressly stated otherwise at checkout. You are responsible for all applicable taxes and fees imposed by federal, state, or local taxing authorities.

We make reasonable efforts to display accurate pricing; however, we do not warrant that product descriptions, pricing, or other content on the Website is error-free. In the event of a pricing error, we reserve the right to cancel affected orders and notify you accordingly.

5.3 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as indicated at checkout. By submitting payment information, you represent and warrant that you are authorized to use the payment method provided and that the billing information you submit is true and accurate.

Payment is processed through secure third-party payment processors. Dave's Hot Chicken does not store your full payment card information on our servers. We are not liable for any errors, delays, or security breaches that occur on the payment processor's platform.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you are dissatisfied with an order due to an error on our part or a food quality issue, please contact us at [email protected] within twenty-four (24) hours of receiving your order. Refund eligibility is assessed on a case-by-case basis at our sole discretion, consistent with applicable consumer protection laws and the FTC Act.

6. Food Safety, Allergen Disclosure, and Health Information

Dave's Hot Chicken takes food safety seriously and operates in compliance with applicable federal, state, and local food safety regulations, including guidelines set by the U.S. Food and Drug Administration (FDA) and relevant state health departments.

We provide allergen information on our Website to the best of our ability. However, our food is prepared in kitchens where allergens such as peanuts, tree nuts, wheat, soy, dairy, eggs, fish, and shellfish are present. We cannot guarantee that cross-contamination will not occur. If you have a food allergy or dietary restriction, please inform our staff before placing your order. Dave's Hot Chicken is not liable for adverse reactions resulting from undisclosed allergies or failure to review provided allergen information.

Our menu items may contain high levels of spice, sodium, calories, and other ingredients that may not be suitable for all individuals. Please exercise personal judgment and consult a healthcare professional if you have medical concerns related to dietary intake. Nothing on this Website constitutes medical or nutritional advice.

7. Third-Party Links and Services

The Website may contain links to third-party websites, platforms, or services, including delivery partners, social media platforms, and payment processors. These links are provided for your convenience and do not constitute an endorsement, sponsorship, or recommendation by Dave's Hot Chicken. We have no control over, and assume no responsibility for, the content, privacy practices, or terms of service of any third-party website.

Your interactions with third-party services are governed solely by those parties' terms and policies. We encourage you to review the terms of service and privacy policies of any third-party site you visit. Dave's Hot Chicken is not liable for any harm, loss, or damage arising from your use of third-party services or links.

8. Disclaimers — As-Is Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL CONTENT, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT 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 available, uninterrupted, error-free, or free of viruses or other harmful components.
• Warranties that the content on the Website is accurate, complete, current, or reliable.
• Warranties regarding the results that may be obtained from use of the Website or our services.

We do not warrant that defects in the Website will be corrected or that the Website or the servers that make it available are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, DAVE'S HOT CHICKEN, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of data, loss of goodwill, business interruption, or personal injury.
• Direct damages in excess of the total amount paid by you to Dave's Hot Chicken in the three (3) months preceding the event giving rise to the claim, or one hundred dollars ($100.00), whichever is greater.

These limitations apply regardless of the legal theory upon which the claim is based — whether in contract, tort (including negligence), strict liability, or any other theory — and even if Dave's Hot Chicken has been advised of the possibility of such damages.

Some states do not allow certain limitations on liability, so some of these limitations may not apply to you. Nothing in these Terms limits our liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law.

10. Indemnification

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

• Your access to or use of the Website or services.
• Your violation of any provision of these Terms.
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights, privacy rights, or consumer protection rights.
• Any content, information, or materials you submit, post, or transmit through the Website.
• Any fraudulent, deceptive, or harmful conduct by you in connection with the Website or services.
• Your negligent or wrongful acts or omissions.

We reserve the right to assume exclusive control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with our defense of any such claim. You shall not settle any such matter without our prior written consent.

11. 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 applicable state laws, without regard to any conflict of law provisions. Specifically, these Terms are subject to relevant federal statutes, including the Federal Trade Commission Act (15 U.S.C. § 45), applicable food safety regulations enforced by the FDA, and the Electronic Communications Privacy Act, among others.

To the extent any dispute is not resolved through the arbitration process described below, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the United States. You hereby waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

If you are a California resident, additional rights may be available to you under the California Consumer Privacy Act (CCPA/CPRA), California's Unfair Competition Law (Business & Professions Code § 17200), and other applicable California state laws.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Dave's Hot Chicken in writing at [email protected] and provide a detailed description of your complaint and the relief you are seeking. We will attempt to resolve your complaint informally within thirty (30) days of receipt. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as set forth below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or our services — including any question of the existence, validity, or termination of these Terms — shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in English, and judgment on the arbitration award may be entered in any court having jurisdiction.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether a claim is subject to arbitration.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration. If a court or arbitrator determines that this class action waiver is unenforceable, the entire arbitration agreement shall be void.

12.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the conclusion of arbitration. Nothing in this section shall prevent us from seeking injunctive relief to protect our intellectual property rights.

13. Term and Termination

These Terms are effective from the moment you first access or use the Website and shall 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 this section.

We reserve the right to suspend or terminate your access to the Website, your account, or your ability to place orders at any time, with or without cause or notice, including for any violation of these Terms, suspected fraudulent activity, non-payment, or any conduct that we determine, in our sole discretion, is harmful to our business, other users, or third parties.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations that arose prior to termination, including outstanding payment obligations.

Upon termination:

• Your right to access and use the Website and services will immediately cease.
• Any pending orders may be cancelled at our discretion.
• Any accumulated loyalty points or rewards may be forfeited.
• Sections of these Terms that by their nature should survive termination — including intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — shall survive.

14. Changes to Terms

Dave's Hot Chicken reserves the right to modify, update, revise, or replace these Terms of Service at any time and at our sole discretion. Changes will become effective upon posting to the Website, and the "Last Updated" date at the top of this page will reflect the date of the most recent revision.

We will make reasonable efforts to notify registered users of material changes to these Terms through email notification or a prominent notice on the Website. However, it is your responsibility to review these Terms periodically to stay informed of any updates.

Your continued use of the Website or services following the posting of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately discontinue your use of the Website and, if applicable, terminate your account.

We encourage you to review these Terms each time you visit the Website or place an order to ensure that you are aware of the most current terms governing your use of our services.

15. Electronic Communications and Consent

By using the Website and providing your email address or phone number, you consent to receive electronic communications from Dave's Hot Chicken, including order confirmations, receipts, marketing messages (subject to your preferences), promotional offers, and operational notices. These electronic communications satisfy any legal requirement that communications be in writing.

If you have consented to receive SMS or text message communications from us, you may opt out at any time by replying "STOP" to any text message or by contacting us at [email protected]. Standard message and data rates may apply. Please review our Privacy Policy for further information about how we handle your personal data.

16. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, describes how Dave's Hot Chicken collects, uses, stores, shares, and protects your personal information in connection with your use of the Website and services. By using this Website, you consent to the data practices described in our Privacy Policy.

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete your personal information, the right to opt out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, unlawful, void, unenforceable, or in conflict with any applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.

The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible. The failure of Dave's Hot Chicken to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or terms published on the Website, constitute the entire and exclusive 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, whether written or oral, regarding the same subject matter.

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

19. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, earthquake, war, terrorism, civil unrest, government actions or regulations, power outages, internet service interruptions, labor disputes, or supply chain disruptions. In such events, our obligations shall be suspended for the duration of the force majeure event, and we shall resume performance as soon as reasonably practicable.

20. Accessibility

Dave's Hot Chicken is committed to ensuring that our Website is accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG) 2.1. If you experience any difficulty accessing our Website or any of its features, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to report a violation or submit a formal complaint, please contact us using the following information:

We will make every effort to respond to your inquiries within a reasonable time frame. For urgent matters, we recommend contacting us by email with "URGENT" noted in the subject line.