Terms of Service

Effective Date: June 12, 2026  |  Last Updated: June 12, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Marcos ("Company," "we," "us," or "our"), governing your access to and use of the website located at marcosmeal.digital and all related services, features, content, and functionality offered by Marcos (collectively, the "Services").

By visiting our website, creating an account, placing an order, or otherwise interacting with our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age or the age of majority in your jurisdiction;
• You have the legal capacity and authority to enter into this Agreement;
• You are not prohibited by any applicable law from accessing or using our Services.

If you are using our Services 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, in which case "you" refers to both you individually and that entity.

These Terms are governed by and shall be construed in accordance with the laws of the United States and applicable state laws. By using our Services, you consent to the jurisdiction and venue set forth in these Terms.

2. Description of Services

Marcos is a food service business operating in the United States. Through our website at marcosmeal.digital, we offer the following services:

2.1 Food Ordering Services

Marcos provides an online platform through which customers may browse our menu offerings, place orders for food and beverages, and arrange for delivery, pickup, or other fulfillment methods as made available from time to time. Our menu may include a variety of food items, meals, beverages, and related products prepared by our kitchen and culinary team.

2.2 Online Platform

Our website provides digital tools for users to create accounts, manage orders, review past purchases, access promotional offers, and communicate with our customer service team. The platform is designed to facilitate a seamless ordering experience for our customers.

2.3 Promotional and Loyalty Programs

From time to time, Marcos may offer promotional discounts, loyalty rewards, coupon codes, referral programs, and other incentive-based programs. These programs are subject to their own specific terms and conditions, which will be provided at the time of the offer. Marcos reserves the right to modify, suspend, or discontinue any promotional program at any time without prior notice.

2.4 Service Availability

Our Services are available to users located within our designated service areas within the United States. Marcos does not guarantee that all features of the website or all menu items will be available at all times. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you.

2.5 Third-Party Services

Marcos may partner with third-party delivery platforms, payment processors, and other service providers to facilitate certain aspects of our Services. Your use of such third-party services may be subject to those parties' separate terms and conditions. We encourage you to review those terms carefully. Marcos is not responsible for the acts or omissions of any third-party service providers.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Services, you may be required to register for an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify Marcos immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach. Marcos will not be liable for any losses arising from unauthorized use of your account that result from your failure to safeguard your login credentials.

3.3 Account Termination

Marcos reserves the right to suspend or terminate your account at any time, with or without cause, if we determine that you have violated these Terms or if we have reasonable grounds to believe that your account is being used for fraudulent, harmful, or unlawful purposes.

4. User Obligations and Prohibited Activities

4.1 Lawful Use

You agree to use our website and Services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations of the United States.

4.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Fraudulent Conduct: Placing fraudulent orders, submitting false payment information, or engaging in any form of deception or misrepresentation in connection with our Services;
• Unauthorized Access: Attempting to gain unauthorized access to our servers, databases, accounts, or any part of our website or network;
• Automated Scraping: Using bots, scrapers, crawlers, or other automated tools to access, extract, or collect information from our website without our express written consent;
• Malicious Code: Uploading, transmitting, or distributing any viruses, malware, ransomware, trojan horses, or other harmful code to our website or through our Services;
• Harassment: Harassing, threatening, abusing, or intimidating our employees, agents, or other users in any way;
• Intellectual Property Infringement: Reproducing, distributing, displaying, or creating derivative works based on our content without our express written permission;
• Circumventing Security: Attempting to bypass, disable, or interfere with any security features, access controls, or technical measures implemented by Marcos;
• False Identity: Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Spam: Sending unsolicited commercial communications, chain letters, or bulk messages through our platform;
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of our website or software;
• Resale: Reselling, sublicensing, or commercially exploiting our Services without our prior written authorization;
• Minors: Using our Services if you are under 18 years of age without appropriate parental or guardian consent;
• Interference: Interfering with or disrupting the integrity, performance, or functionality of our website or Services.

4.3 User Conduct

You agree to treat all interactions with Marcos staff, delivery personnel, and other users with respect and professionalism. Any abusive, discriminatory, or threatening behavior directed at our team may result in immediate termination of your account and refusal of service.

5. Orders, Payments, and Pricing

5.1 Order Placement

When you place an order through our website, you are making an offer to purchase the selected food items and/or services at the listed price. Marcos reserves the right to accept or decline any order at its sole discretion. An order is confirmed only upon our electronic confirmation to you via the website or email.

5.2 Pricing and Availability

All prices displayed on our website are in United States Dollars (USD) unless otherwise stated. Prices are subject to change at any time without notice. Menu items are subject to availability, and we do not guarantee that any specific item will be available when you place your order. If an item you ordered becomes unavailable, we will notify you and either offer a suitable substitute or provide a refund for that item.

5.3 Taxes

Applicable sales taxes, service fees, and other governmental charges will be calculated and added to your order total in accordance with federal, state, and local tax laws. The final total displayed at checkout will include all applicable taxes and fees.

5.4 Payment Methods

Marcos accepts payment through the methods listed on our website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method provided, and you authorize us to charge the applicable amount to that payment method.

5.5 Payment Processing

Payment processing services may be provided by third-party payment processors. By using our Services, you acknowledge that your payment information will be shared with these processors as necessary to complete transactions. Marcos does not store complete credit card information on its servers. All payment transactions are encrypted and processed in accordance with applicable Payment Card Industry Data Security Standards (PCI DSS).

5.6 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you receive an order that is incorrect, damaged, or otherwise deficient, please contact us within a reasonable time at [email protected] and we will work to resolve the issue, which may include a refund, credit, or replacement at our discretion. Cancellation of orders may only be possible within a limited window after placement, depending on the preparation status of your order.

5.7 Allergens and Dietary Restrictions

Marcos makes reasonable efforts to provide accurate information regarding ingredients and potential allergens. However, we cannot guarantee that our food items are free from cross-contamination with allergens. If you have a food allergy, dietary restriction, or medical condition, it is your responsibility to review the ingredient and allergen information provided and to contact us with any specific concerns before placing your order. Marcos is not liable for any allergic reactions or adverse health effects resulting from consumption of our products.

6. Intellectual Property Rights

6.1 Ownership

All content, materials, and features available through our website and Services, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design and compilation of the website (collectively, "Content"), are the exclusive property of Marcos or its content suppliers and are protected by applicable United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

6.2 Limited License

Subject to your compliance with these Terms, Marcos grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website solely for the purpose of browsing and placing orders for personal, non-commercial use. This license does not include the right to:

• Modify or create derivative works based on our Content;
• Reproduce, distribute, publicly display, or perform our Content for any commercial purpose;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Use data mining, robots, or similar data gathering tools on our website.

6.3 Trademarks

The Marcos name, logo, and all related product and service names, design marks, and slogans are trademarks of Marcos. You may not use any of our trademarks without our express prior written consent. All other trademarks appearing on our website are the property of their respective owners.

6.4 User-Generated Content

If you submit reviews, comments, feedback, suggestions, or other content to Marcos through our website or via email, you grant Marcos a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media worldwide. You represent that you own or have the right to grant such license and that the content does not violate any third-party rights.

7. Privacy Policy

Your privacy is important to us. Our collection and use of personal information is governed by our separate Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. Our privacy practices are designed to comply with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) where applicable, as well as the Federal Trade Commission Act (FTC Act) consumer protection standards.

8. Disclaimers and "As-Is" Basis

8.1 General Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MARCOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES OF ANY KIND RELATING TO THE QUALITY, SAFETY, OR LEGALITY OF FOOD PRODUCTS BEYOND WHAT IS REQUIRED BY APPLICABLE FEDERAL AND STATE FOOD SAFETY REGULATIONS.

8.2 Food Safety Compliance

Marcos operates in compliance with all applicable federal and state food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments. We make reasonable efforts to ensure food quality and safety; however, we cannot guarantee that our products are suitable for all individuals, including those with specific medical conditions, allergies, or dietary requirements.

8.3 Third-Party Links

Our website may contain links to third-party websites or services. These links are provided for your convenience only and do not constitute an endorsement or approval by Marcos of any third-party products, services, or opinions. Marcos has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

9. Limitation of Liability

9.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, business, or anticipated savings;
• Loss of goodwill or reputation;
• Loss of data or information;
• Business interruption;
• Personal injury or property damage not caused by our gross negligence or willful misconduct;
• Any damages resulting from your reliance on information obtained through our Services.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MARCOS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law. Nothing in these Terms shall limit or exclude liability for death or personal injury resulting from gross negligence or willful misconduct, or for any other liability that cannot be excluded or limited by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marcos, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all 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 or any applicable law or regulation;
• Your use of or access to our website or Services;
• Your user-generated content or any content you submit to us;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Your negligence or willful misconduct;
• Any claim by a third party arising from your use of our Services.

Marcos reserves the right to assume exclusive control and defense of any matter subject to indemnification by you, in which event you will cooperate with Marcos in asserting any available defenses. You agree not to settle any matter without the prior written consent of Marcos.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles. For matters arising under federal law, jurisdiction shall be proper in the federal courts of the United States. For matters governed by state law, jurisdiction shall be determined by the state in which Marcos is incorporated or primarily operates.

You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to jurisdiction or venue in such courts. You further acknowledge and agree that any claims against Marcos must be filed within one (1) year of the date on which the cause of action arose, or such claims shall be forever barred, to the extent permitted by applicable law.

Consumer Protection: Nothing in these Terms limits your rights under applicable federal consumer protection laws, including those enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45 et seq.). California residents may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services by contacting Marcos directly at:

You agree to provide a written description of the dispute, your name and contact information, and the specific relief sought. Marcos will endeavor to respond to your complaint within thirty (30) calendar days. Both parties agree to negotiate in good faith to resolve the dispute before escalating to formal proceedings.

12.2 Binding Arbitration

If the parties are unable to resolve the dispute through informal negotiation within sixty (60) days of the initial notification, either party may elect to have the dispute finally resolved by binding arbitration. Any arbitration shall be conducted by a nationally recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its applicable rules and procedures then in effect. The arbitration shall be conducted in English and, unless both parties agree otherwise, shall take place in the United States.

The arbitrator shall have the authority to award the same damages and relief that a court of competent jurisdiction could award, subject to the limitations set forth in these Terms. 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

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration. If this class action waiver is found to be unenforceable for any reason, then the entire arbitration provision set forth herein shall be null and void.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable or injunctive relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or to prevent irreparable harm pending final resolution of a dispute. Nothing in this section shall be deemed to waive or preclude either party from seeking such emergency relief.

13. Term and Termination

13.1 Term

These Terms of Service are effective as of the date first listed above and shall remain in full force and effect for as long as you continue to use our website or Services, unless earlier terminated as provided herein.

13.2 Termination by You

You may terminate your use of our Services at any time by discontinuing access to our website. If you have an account with Marcos, you may request account deletion by contacting us at [email protected]. Such request does not affect any obligations incurred prior to termination, including outstanding payments or unfulfilled orders.

13.3 Termination by Marcos

Marcos reserves the right, in its sole discretion, to suspend or terminate your access to our website and Services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law;
• Fraudulent, abusive, or harmful conduct;
• Failure to pay amounts due;
• Actions that may harm the reputation, operations, or legal standing of Marcos;
• Cessation of our business operations or specific service offerings.

13.4 Effect of Termination

Upon termination of your account or access to our Services, the following provisions shall survive: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination. Termination shall not relieve you of any obligations or liabilities that arose prior to termination.

14. Changes to Terms

Marcos reserves the right to modify, update, revise, or replace these Terms of Service at any time at its sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. In the event of material changes, we may also provide additional notice through our website, via email to the address associated with your account, or through other appropriate communication channels.

Your continued use of our website or Services following the posting of revised Terms constitutes your acceptance of those revised Terms. We encourage you to review these Terms periodically to stay informed of your rights and obligations. If you do not agree to the revised Terms, you must discontinue your use of our Services immediately.

Marcos is not responsible for your failure to review updated Terms. It is your responsibility to check this page regularly for changes.

15. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be impaired or invalidated in any way.

The failure of Marcos to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Marcos.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Marcos on our website, constitute the entire agreement between you and Marcos with respect to your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.

No oral or written information or advice given by Marcos, its agents, or employees shall create any warranty not expressly stated in these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against Marcos as the drafter.

17. Force Majeure

Marcos shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Marcos's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, terrorism, labor disputes, supply chain disruptions, power failures, or internet service provider failures. In the event of a force majeure event, Marcos will use commercially reasonable efforts to minimize the impact on service delivery and notify affected customers in a timely manner.

18. Electronic Communications

By using our website or providing your email address to Marcos, you consent to receive electronic communications from us, including but not limited to order confirmations, receipts, promotional materials, and policy updates. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly.

19. Accessibility

Marcos is committed to making its website accessible to all users, including individuals with disabilities, in accordance with applicable requirements under the Americans with Disabilities Act (ADA) and applicable state law. If you encounter any accessibility barriers on our website or need assistance accessing our Services, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights under these Terms, or our Services generally, please contact us using the information provided below. We endeavor to respond to all inquiries within five (5) business days.