Terms of Service

Effective Date: June 24, 2026  |  Last Updated: June 24, 2026

1. Acceptance of Terms

Welcome to Marcos ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") govern your access to and use of the website located at meals-marcos.click (the "Site"), as well as any related services, food ordering platforms, delivery services, content, and functionality offered by Marcos (collectively, the "Services").

By visiting our Site, placing an order, creating an account, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Marcos.

If you are using our Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" shall refer to that entity.

These Terms apply to all visitors, users, customers, and others who access or use the Services. You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our Services. By using our Services, you represent that you meet this age requirement.

2. Description of Services

Marcos is a food-related business operating in the United States that provides customers with access to the following services through its website meals-marcos.click:

• Online Food Ordering: Customers may browse our menu, select food and beverage items, and place orders online through our website.
• Delivery Services: We offer food delivery to eligible addresses within our designated service areas, subject to availability and applicable delivery fees.
• Pickup Services: Customers may order online and pick up their orders at designated locations.
• Menu Browsing: Users may browse available food items, view descriptions, ingredients, pricing, and nutritional information where provided.
• Account Management: Registered users may create and manage personal accounts to track orders, save preferences, and manage payment methods.
• Customer Support: We provide customer service through email at [email protected] and other available channels.
• Promotional Offers: We may from time to time offer promotional deals, coupons, loyalty rewards, or discount codes subject to specific terms and conditions.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

Availability of our Services may vary based on geographic location, time, or other factors. We do not guarantee that our Services will be available at all times or in all areas.

3. User Accounts and Registration

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 and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials, including your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities.

You agree to notify us immediately at [email protected] upon becoming aware of any breach of security or unauthorized use of your account. Marcos will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to suspend or terminate your account at our sole discretion, including if we reasonably believe that the information you have provided is inaccurate, that you have violated these Terms, or for any other reason we deem appropriate.

4. User Obligations and Prohibited Activities

By using our Services, you agree to use them only for lawful purposes and in accordance with these Terms. You represent and warrant that your use of our Services will comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act), applicable food safety regulations, and any other relevant United States law.

4.1 General Obligations

• Provide accurate and truthful information when placing orders or creating an account.
• Maintain the security and confidentiality of your account credentials.
• Pay all charges associated with your orders promptly and in full.
• Comply with all applicable laws and regulations when using our Services.
• Notify us promptly of any errors or inaccuracies in your orders or account information.

4.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our Services:

• Use our Services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation.
• Submit false, misleading, or fraudulent information, including providing false delivery addresses or payment information.
• Attempt to gain unauthorized access to any portion of our Site, servers, databases, or systems connected to our Services.
• Use any automated means, such as bots, scrapers, crawlers, or scripts, to access our Site or Services without our express written permission.
• Interfere with or disrupt the integrity or performance of our Site, servers, or networks.
• Engage in any form of harassment, abuse, threats, or discrimination toward our employees, contractors, delivery partners, or other users.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Upload or transmit any viruses, malware, or other malicious code designed to interfere with our Services or systems.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services without our express written permission.
• Attempt to reverse engineer, decompile, or disassemble any software or code used in connection with our Services.
• Use our Services to engage in commercial solicitation without our express written authorization.
• Place fraudulent orders or engage in chargebacks without legitimate cause.
• Violate the intellectual property rights of Marcos or any third party.

Violations of these prohibitions may result in immediate termination of your account, denial of access to our Services, and/or referral to appropriate law enforcement authorities.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase food items 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 unavailability, errors in pricing or product descriptions, or suspected fraud.

5.2 Pricing and Fees

All prices listed on our Site are in US Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or service charges, which will be calculated and displayed at checkout prior to your final order confirmation.

We make every effort to ensure that the pricing on our Site is accurate. However, in the event that a product is listed at an incorrect price due to typographical error or other error, we reserve the right to refuse or cancel any orders placed for that item at the incorrect price.

5.3 Payment Methods

We accept various forms of payment as indicated on our Site at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order.

All payment transactions are processed through secure third-party payment processors. We do not store your full payment card details on our servers. By using our payment processing services, you also agree to the terms and conditions of our third-party payment processors.

5.4 Cancellations and Refunds

Once an order has been confirmed and preparation has begun, cancellations may not be possible. Refund eligibility is subject to our Refund Policy, which may be published separately on our Site. In general, refunds may be issued for orders that were not delivered, were significantly incorrect, or contained defective items. Please contact us at [email protected] for any refund inquiries.

6. Delivery Terms

Delivery services are subject to availability within our designated service areas. Estimated delivery times are provided for informational purposes only and are not guaranteed. Actual delivery times may vary due to factors beyond our control, including traffic, weather, or order volume.

You are responsible for ensuring that the delivery address you provide is accurate and complete. Marcos shall not be liable for failed or delayed deliveries resulting from inaccurate or incomplete delivery information provided by you.

Upon delivery, it is your responsibility to inspect your order for accuracy and quality. Any concerns regarding your order must be reported to us within a reasonable time after delivery.

7. Food Safety and Allergen Information

While we make every effort to provide accurate ingredient and allergen information on our Site, we cannot guarantee that our food items are free from all allergens. Our food products may be prepared in environments where common allergens are present. If you have food allergies, intolerances, or specific dietary requirements, please contact us directly at [email protected] before placing an order. Marcos shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our food products.

8. Intellectual Property Rights

The Site and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof — are the exclusive property of Marcos or its content licensors and are protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable laws.

The Marcos name, logo, brand identity, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Marcos. You may not use such marks without the prior written permission of Marcos. All other names, logos, product and service names, designs, and slogans on our Site are the trademarks of their respective owners.

8.1 Limited License

Subject to these Terms, Marcos grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Site and Services solely for your personal, non-commercial purposes. This license does not include the right to:

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

This license will automatically terminate if you violate any of these restrictions and may be terminated by Marcos at any time without notice.

8.2 User-Generated Content

If you submit, post, or transmit any reviews, feedback, suggestions, photos, or other content through our Site or Services ("User Content"), you grant Marcos a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to the User Content you submit and that such content does not violate these Terms or any third-party rights.

9. Privacy Policy

Your use of our Services 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 Services. By using our Services, you consent to our collection, use, and sharing of your information as described in our Privacy Policy.

To the extent our Services are used by residents of California, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) as applicable. Please refer to our Privacy Policy for details regarding your rights under these laws.

10. Disclaimers and "As-Is" Basis

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES 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, MARCOS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON OUR SITE;
• WARRANTIES THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS ORDERED THROUGH OUR SERVICES.

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

11. Limitation of Liability

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

• Loss of profits, revenue, data, business, or goodwill;
• Personal injury or property damage of any nature;
• Unauthorized access to or use of our servers or your personal information;
• Interruption or cessation of our Services;
• Bugs, viruses, or other harmful code that may be transmitted through our Services; or
• Any errors or omissions in any content on our Site.

IN ANY CASE, THE TOTAL LIABILITY OF MARCOS TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO MARCOS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Marcos has been advised of the possibility of such damage.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Marcos, its officers, directors, employees, agents, licensors, suppliers, and service providers 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 or misuse of our Services;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through our Services;
• Your fraudulent or harmful actions in connection with our Services; or
• Any dispute between you and any third party arising from your use of our Services.

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

13. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Marcos. We provide these links for your convenience only and do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Marcos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

14. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Marcos operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of our Services shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

These Terms are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce, and any other applicable federal consumer protection laws.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Marcos at [email protected] and attempt to resolve any dispute informally. We will attempt to resolve the dispute internally as soon as possible. You agree to give us at least thirty (30) days from the date of your notice to attempt informal resolution before pursuing other remedies.

15.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules, or another mutually agreed-upon arbitration organization. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding on both parties.

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending final resolution by arbitration.

15.3 Class Action Waiver

YOU AND MARCOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both you and Marcos agree otherwise, no arbitrator or judge may consolidate more than one person's claims or preside over any form of a representative or class proceeding.

15.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MARCOS HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.

16. Term and Termination

These Terms are effective as of the date you first access or use our Services and shall remain in full force and effect while you use our Services, unless earlier terminated in accordance with these Terms.

We reserve the right, in our sole discretion, to:

• Terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including if you breach any provision of these Terms;
• Refuse service to anyone for any reason and at any time;
• Discontinue any portion of our Services at any time without notice.

Upon termination, your right to use our Services will immediately cease. Provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

17. Changes to These Terms

We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email at the address associated with your account or through a prominent notice on our Site.

Your continued use of our Site or Services following the posting of any changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must stop using our Services.

It is your responsibility to check our Site regularly for updates to these Terms. Marcos shall not be liable for your failure to review updated Terms.

18. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable under applicable law, then that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so 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 affected or impaired by the invalidity or unenforceability of any other provision.

The invalidity or unenforceability of any provision of these Terms in any jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction, nor the validity or enforceability of any other provision of these Terms.

19. Waiver

The failure of Marcos to enforce any right or provision of these Terms shall not constitute a waiver of that 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. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

20. Entire Agreement

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

These Terms may not be modified except by a written amendment duly executed by an authorized representative of Marcos or as otherwise permitted under the "Changes to These Terms" section above.

21. Force Majeure

Marcos shall not be liable to you or any third party for any failure or delay in performance of our 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, war, terrorism, civil unrest, governmental actions or regulations, labor disputes, power outages, internet or telecommunications failures, or any other event of force majeure.

In the event of a force majeure situation, we will make reasonable efforts to notify you and to resume performance as soon as practicable.

22. Electronic Communications

By using our Services or communicating with us electronically, 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 agree that electronic signatures and communications have the same legal force and effect as original handwritten signatures and paper communications.

23. Accessibility

Marcos is committed to making our Services accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards. If you experience any difficulty accessing our Site or Services, please contact us at [email protected] so that we may assist you.

24. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or our Services, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent matters related to your order, please contact us directly via email at [email protected].