Terms of Service

Effective Date: March 29, 2026 | Last Updated: March 29, 2026

Please read these Terms of Service carefully before using the website located at davannis.digital (the "Site") or any services offered by Davanni's ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately discontinue use of our Site and services.

1. Acceptance of Terms

By accessing, browsing, or using the Site at davannis.digital, or by completing a purchase, placing a food order, or registering for an account, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Davanni's.

If you are using this Site on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you personally and that entity.

You must be at least eighteen (18) years of age to use this Site and to place orders. By using this Site, you represent and warrant that you meet this age requirement. We reserve the right to refuse service to anyone for any reason at any time, consistent with applicable law.

Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Davanni's is a food service business operating in the United States. Through davannis.digital, we offer the following services and features:

Online Ordering: Customers may browse our menu and place orders for food and beverages for pickup, dine-in (where applicable), or delivery through our platform or affiliated delivery partners.
Menu Information: We provide detailed information about our food offerings, including ingredients, prices, nutritional information (where available), and promotional specials.
Account Registration: Users may register for a customer account to track orders, save preferences, access loyalty rewards, and manage payment methods.
Loyalty and Rewards Programs: We may offer rewards, points, or promotional programs to registered customers, subject to separate program terms.
Catering and Group Orders: Customers may inquire about or place catering orders for events, gatherings, or group occasions through the Site or by contacting us directly.
Customer Support: We provide customer service assistance via email and other communication channels listed on the Site.
Informational Content: We publish information about our locations, business hours, promotions, and company news.

We reserve the right to modify, suspend, or discontinue any aspect of our services 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.

Availability of menu items, pricing, and services may vary by location and may be subject to change without notice. Certain features of the Site may not be available in all geographic areas.

3. User Accounts and Registration

To access certain features of the Site, including order tracking, loyalty programs, and saved preferences, you may be required to create a user account. When registering, you agree to:

Provide accurate, current, and complete information as prompted by the registration form;
Maintain and promptly update your account information to keep it accurate, current, and complete;
Maintain the security and confidentiality of your password and account credentials;
Accept responsibility for all activities that occur under your account;
Notify us immediately at [email protected] of any unauthorized access to or use of your account.

We reserve the right to suspend or terminate your account if any information you provide proves to be inaccurate, outdated, or incomplete, or if we determine that your conduct violates these Terms. You may not create more than one account per person without our express written permission. Account credentials are non-transferable and may not be shared with third parties.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and our services, you agree to comply with all applicable federal, state, and local laws and regulations in the United States. You further agree to use the Site only for lawful purposes and in a manner consistent with these Terms.

4.1 Prohibited Conduct

You expressly agree that you will NOT:

Use the Site for any unlawful purpose or in violation of any applicable laws or regulations;
Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site;
Use any automated means, including bots, scrapers, crawlers, or data mining tools, to access, scrape, or collect information from the Site without our prior written consent;
Transmit any unsolicited commercial communications (spam), chain letters, or other unauthorized communications through the Site;
Post, upload, or transmit any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable;
Impersonate any person or entity, including any employee or representative of Davanni's, or falsely represent your affiliation with any person or entity;
Interfere with, disrupt, or attempt to disrupt the integrity or performance of the Site, servers, or networks connected to the Site;
Introduce viruses, Trojan horses, worms, or other malicious or harmful code into the Site;
Engage in fraudulent activities, including submitting false or misleading orders, using stolen payment information, or submitting fraudulent refund requests;
Attempt to reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of any software comprising or in any way making up a part of the Site;
Use the Site or services for competitive intelligence or to develop competing products or services;
Violate any intellectual property rights of Davanni's or any third party;
Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including reporting such users to law enforcement authorities.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through davannis.digital, you are making an offer to purchase food and/or beverages subject to these Terms. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product availability, errors in pricing or product description, or suspected fraudulent activity.

You will receive an order confirmation via email or on-screen notification once your order has been received. This confirmation does not constitute acceptance of your order; it is only an acknowledgment that we have received your request. A binding agreement is formed only upon our processing and preparation of your order.

5.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or service charges, which will be disclosed to you prior to the completion of your purchase. We make every effort to display accurate pricing; however, we reserve the right to correct any pricing errors, even after an order has been submitted.

In the event of a pricing error, we will notify you and provide you with the option to proceed with the corrected price or cancel your order and receive a full refund. Promotional prices and discounts are valid only during the stated promotional period and are subject to separate terms and conditions.

5.3 Payment Methods

We accept payment through credit cards, debit cards, and any other payment methods indicated on the Site at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the payment method provided and that the billing information is accurate and complete.

All payment transactions are processed through secure third-party payment processors. We do not store your full credit card or payment information on our servers. You agree to pay all charges incurred in connection with your account at the prices in effect when such charges are incurred.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once food preparation has commenced. If you have concerns about the quality or accuracy of your order, please contact us immediately 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. Refunds, if approved, will be processed to the original payment method within a reasonable time period in accordance with applicable law.

6. Food Safety and Allergen Notice

Davanni's takes food safety seriously and strives to comply with all applicable federal and state food safety regulations, including standards established by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, we cannot guarantee that our food products are free from all allergens or that cross-contamination does not occur during preparation.

If you have a food allergy, dietary restriction, or medical condition that requires specific dietary accommodations, it is your responsibility to inform our staff at the time of ordering and to verify that the food products you are ordering are safe for your consumption. We strongly encourage customers with severe allergies to contact us directly before placing an order.

Nutritional information, where provided, is approximate and may vary based on ingredient substitutions, preparation methods, and portion sizes. We are not responsible for any adverse health reactions resulting from the consumption of our food products if you fail to communicate your dietary requirements.

7. Intellectual Property Rights

The Site and all content, features, and functionality thereof — including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the compilation of the foregoing — are owned by Davanni's, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Davanni's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Davanni's or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans appearing on this Site are the trademarks of their respective owners.

7.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial use to order food and services from Davanni's. This license does not include the right to:

Modify or copy the materials on the Site;
Use the materials for any commercial purpose or for any public display;
Attempt to decompile or reverse engineer any software contained on the Site;
Remove any copyright or other proprietary notations from the materials;
Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions. Upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

7.2 User-Generated Content

If you submit, post, or transmit any content to the Site, including reviews, comments, photos, or feedback ("User Content"), you grant Davanni's a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate the rights of any third party.

8. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our Site and services. By using the Site, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent you are a resident of California, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are addressed in our Privacy Policy. We are committed to complying with all applicable federal and state privacy laws.

9. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources, including delivery platforms, payment processors, and social media platforms. These links are provided for your convenience only. We have no control over the content, privacy practices, or policies of those third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If you decide to access any third-party websites linked to our Site, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of those websites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

10. Disclaimers and "As-Is" Basis

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVANNI'S EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
ANY WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE.

WE DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVANNI'S, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SITE;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO DAVANNI'S IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DAVANNI'S AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless Davanni's and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms of Service;
Your use of the Site or services in any manner not expressly authorized by these Terms;
Your violation of any applicable federal, state, or local law or regulation;
Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or publicity rights;
Any User Content you submit, post, or transmit through the Site;
Your negligence or willful misconduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

13. 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 and applicable state law, without regard to any conflict of law principles that would require the application of the law of a different jurisdiction.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Site that is not subject to arbitration as set forth herein shall be instituted exclusively in the federal or state courts of the United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

We acknowledge and comply with the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in or affecting commerce, and all other applicable federal consumer protection laws enforced by the Federal Trade Commission (FTC).

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Davanni's at [email protected] and attempt to resolve any dispute informally. We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving notice of your concern. If the dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution as described below.

14.2 Binding Arbitration

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

Except for disputes that qualify for small claims court and except as otherwise provided herein, you and Davanni's agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your use of our services shall be resolved exclusively through binding arbitration on an individual basis, rather than in court. The arbitration shall be conducted by a recognized arbitration organization under its then-current rules and procedures.

The arbitration shall take place in the United States, and the arbitrator shall apply United States law and applicable state law consistent with the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND DAVANNI'S 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 OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable relief before a competent court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

15. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Site or maintain an account with us. We reserve the right, in our sole discretion, to:

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms;
Delete your account and any associated data at any time, with or without notice;
Discontinue offering the Site or any services, in whole or in part, at any time.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Site and services will immediately cease.

Provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property rights, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law provisions.

16. Changes to These Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms of Service at any time. When we make material changes to these Terms, we will notify you by:

Posting the revised Terms on this page with an updated effective date;
Sending an email notification to the email address associated with your account (if applicable); and/or
Displaying a prominent notice on the Site.

It is your responsibility to review these Terms periodically. Changes will become effective immediately upon posting, unless otherwise stated. Your continued use of the Site after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and services.

17. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

The failure of Davanni's to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

18. Entire Agreement

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

These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and Davanni's. Neither party shall have the power to bind the other or incur obligations on the other's behalf without the other party's prior written consent.

19. Force Majeure

Davanni's shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control, including but not limited to:

Strikes, lockouts, or other industrial action;
Civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack;
War (whether declared or not) or threat of war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
Acts, decrees, legislation, regulations, or restrictions of any government;
Supply chain disruptions affecting the availability of food ingredients or materials.

20. Accessibility

Davanni's is committed to ensuring that our Site is accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable provisions of the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our Site or services, please contact us at the information provided below so we can assist you.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason, please reach out to us using the following information:

Company Name	Davanni's
Website	davannis.digital
Email Address	[email protected]

We will make reasonable efforts to respond to your inquiry within a reasonable time frame. For urgent matters related to food safety or order issues, please contact us as soon as possible via the email address listed above.

Acknowledgment: By using davannis.digital and the services offered by Davanni's, you acknowledge that you have read these Terms of Service in their entirety, understand them, and agree to be bound by all of their terms and conditions. If you do not agree to these Terms, you are not authorized to use this Site or our services.