Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at wings-over.digital (the "Site") or any services offered by Wings Over ("Company," "we," "us," or "our"). By accessing or using our Site or services, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of our Site and services.

1. Acceptance of Terms

By accessing wings-over.digital, placing an order, creating an account, or otherwise interacting with Wings Over's digital or physical services, you enter into a legally binding agreement with Wings Over governed by these Terms of Service. This Agreement is entered into as of the date you first use our services.

These Terms apply to all visitors, registered users, customers, and any other parties who access or use the services provided by Wings Over, including but not limited to online ordering, in-store pickup, delivery arrangements, catering inquiries, and any other food-related services we offer.

You represent and warrant that:

• You are at least 18 years of age, or if you are between 13 and 17 years old, you have obtained verifiable parental or legal guardian consent to use our services;
• You have the legal capacity and authority to enter into this Agreement;
• You are not prohibited from using our services under the laws of the United States or any applicable jurisdiction;
• All information you provide to us is accurate, complete, and current.

If you are using our services on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

2. Description of Services

Wings Over is a food service company operating within the United States. We provide a variety of food-related products and services, which may include, but are not limited to:

• Online Ordering: Customers may place orders for food items through our website wings-over.digital or affiliated third-party platforms;
• In-Store Pickup: Customers may order food online and pick it up at our designated physical location(s);
• Delivery Services: Where available, we facilitate or partner with third-party delivery providers to deliver food orders to customers' specified addresses;
• Catering Services: We may offer catering packages and bulk order solutions for events, gatherings, and corporate functions;
• Promotional Programs: We may offer loyalty programs, discount codes, promotions, and special offers from time to time;
• Customer Support: We provide customer service through email and other digital communication channels to assist with orders, inquiries, and feedback.

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

Availability of menu items, services, and features may vary by location, time, and operational capacity. Wings Over makes no guarantee that any particular product or service will be available at any given time.

3. User Accounts and Registration

To access certain features of our Site or to place orders, you may be required to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your account credentials, including your username and password;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach.

Wings Over reserves the right to suspend or terminate any account at our sole discretion, without prior notice, for any reason including, but not limited to, violation of these Terms. We also reserve the right to refuse registration to any person or entity at our discretion.

You may not create more than one account per person, nor may you create an account using false identity or information or on behalf of someone other than yourself without proper authorization.

4. User Obligations and Prohibited Activities

As a user of Wings Over's services, you agree to use the Site and services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You agree not to use the Site or services in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

4.1 User Obligations

You agree to:

• Provide accurate and complete information when placing orders or communicating with us;
• Pay for all orders placed through the Site in a timely manner;
• Comply with all applicable laws and regulations relating to your use of the services;
• Treat our employees, contractors, and delivery partners with respect and courtesy;
• Ensure that someone of legal age is available to receive delivery orders, particularly if age-restricted items are included.

4.2 Prohibited Activities

You are strictly prohibited from:

• Using the Site or services for any fraudulent, unlawful, or unauthorized purpose;
• Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site;
• Engaging in any activity that could harm, disrupt, or interfere with the operation of the Site or servers;
• Uploading, transmitting, or distributing any viruses, malware, or other malicious code;
• Scraping, crawling, or using any automated means to access, collect, or harvest data from the Site without our prior written consent;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Submitting false, misleading, or fraudulent orders or information;
• Using our services to harass, abuse, intimidate, or harm any individual;
• Reselling, redistributing, or commercially exploiting any content or service obtained through the Site without our express written permission;
• Circumventing or attempting to circumvent any security or access control measures on the Site;
• Posting or transmitting any content that is defamatory, obscene, offensive, or otherwise objectionable;
• Using the Site in any manner that could expose Wings Over to legal liability.

Violation of these prohibitions may result in immediate termination of your access to our services, and may be reported to appropriate law enforcement authorities where applicable.

5. Intellectual Property Rights

All content, materials, and intellectual property displayed on or available through wings-over.digital are the exclusive property of Wings Over or our licensors and are protected by applicable United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and trade secret laws.

The following are owned by or licensed to Wings Over and may not be used without our prior written authorization:

• The Wings Over name, logo, brand identity, and all related trademarks and service marks;
• All website design elements, graphics, photographs, illustrations, and visual content;
• All written content, menu descriptions, promotional materials, and marketing copy;
• All software, code, databases, and technical infrastructure underlying the Site;
• All proprietary recipes, product names, and food concepts associated with Wings Over.

Subject to these Terms, Wings Over grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content solely for personal, non-commercial purposes related to ordering and using our food services. This license does not include the right to:

• Modify, copy, reproduce, or create derivative works based on our content;
• Publicly display or perform our content;
• Distribute, sell, or sublicense our content to any third party;
• Use our trademarks or brand assets without express written permission.

Any unauthorized use of our intellectual property is a violation of these Terms and may constitute an infringement of applicable intellectual property laws. Wings Over reserves the right to pursue all available legal remedies in the event of any such infringement.

If you submit any feedback, reviews, suggestions, or other content to us ("User Content"), you grant Wings Over a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, and distribute such User Content in connection with our business operations and marketing activities.

6. Payment Terms

Wings Over accepts various forms of payment for orders placed through our website and associated platforms. By submitting an order and providing payment information, you authorize Wings Over or our designated payment processors to charge the applicable amount to your selected payment method.

6.1 Pricing and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes unless otherwise stated. Any applicable sales tax, delivery fees, service charges, or other fees will be clearly disclosed before you complete your order. You are responsible for paying all applicable taxes and fees associated with your order.

6.2 Order Confirmation and Payment Processing

Your order is not confirmed until payment has been successfully processed. In the event that a payment is declined or fails, Wings Over reserves the right to cancel the order. We use industry-standard encryption and security measures to protect your payment information; however, we cannot guarantee absolute security of any information transmitted over the internet.

6.3 Refunds and Cancellations

Refund and cancellation policies are as follows:

• Orders may be cancelled within a limited timeframe after placement, subject to our operational constraints and the stage of order preparation;
• Refund eligibility will be determined on a case-by-case basis, taking into account the nature of the issue, applicable food safety regulations, and the circumstances of the complaint;
• Wings Over is not responsible for issues arising from incorrect delivery information provided by the customer;
• Promotional credits, discount codes, and loyalty rewards are non-refundable and have no cash value unless required by law.

To request a refund or report an issue with your order, please contact us at [email protected] within 24 hours of receiving your order.

6.4 Promotional Codes and Discounts

Promotional codes, discount vouchers, and special offers are subject to specific terms and conditions associated with each promotion. Unless otherwise stated, promotional codes are single-use, non-transferable, and cannot be combined with other offers. Wings Over reserves the right to withdraw or modify promotions at any time without notice.

7. Food Safety, Allergen Information, and Dietary Disclaimers

Wings Over takes food safety seriously and complies with all applicable federal and state food safety regulations, including standards set by the U.S. Food and Drug Administration (FDA) and relevant state health departments.

Important notices regarding our food products:

• Allergens: Our food products may contain or come into contact with common allergens including, but not limited to, peanuts, tree nuts, dairy, eggs, wheat, gluten, soy, fish, and shellfish. If you have food allergies or dietary restrictions, you must inform us before placing your order. We cannot guarantee that cross-contamination will not occur in our preparation environment.
• Nutritional Information: Nutritional information provided on our Site is approximate and may vary based on preparation methods, portion sizes, and ingredient substitutions.
• Dietary Claims: Any representations about the dietary suitability of our products (e.g., halal, kosher, vegan, gluten-free) are made to the best of our knowledge but should not be solely relied upon by individuals with severe dietary restrictions or medical conditions.

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU ASSUME SOLE RESPONSIBILITY FOR ASSESSING THE SUITABILITY OF OUR FOOD PRODUCTS FOR YOUR PERSONAL DIETARY NEEDS AND MEDICAL CONDITIONS.

8. Third-Party Services and Links

Our Site may contain links to third-party websites, services, or platforms, including delivery partners, payment processors, and social media platforms. These links are provided for your convenience only. Wings Over does not endorse, control, or assume any responsibility for the content, privacy practices, or operations of any third-party websites or services.

When you use third-party delivery services to receive your Wings Over order, you may be subject to those providers' terms and conditions. Wings Over is not responsible for delays, errors, or issues arising from third-party delivery services beyond our direct control.

Your interactions with third-party services are governed solely by their respective terms of service and privacy policies. We encourage you to review the terms and privacy policies of any third-party services you use in connection with our services.

9. Disclaimers and "As-Is" Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINGS OVER PROVIDES THE SITE AND ALL SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WINGS OVER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE;
• WARRANTIES REGARDING THE QUALITY, TASTE, OR SUITABILITY OF ANY FOOD PRODUCTS FOR ANY PARTICULAR PURPOSE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Wings Over does not warrant that our food products will meet your specific expectations or requirements, or that the results of using our services will be satisfactory to you. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINGS OVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE USE OF OUR SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF SERVICES;
• BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH OUR SITE;
• ERRORS OR OMISSIONS IN ANY CONTENT OR SERVICES;
• ANY OTHER MATTER ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.

REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WINGS OVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO WINGS OVER IN THE THREE (3) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some states do not allow limitations on implied warranties or exclusions of certain types of damages, so the above limitations may not apply to you. In such states, Wings Over's liability shall be limited to the maximum extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Wings Over, its officers, directors, shareholders, employees, independent contractors, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Site or our services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights and privacy rights;
• Any content, information, or materials you submit, post, or transmit through the Site;
• Your negligence, willful misconduct, or fraudulent conduct;
• Any dispute between you and a third party arising from your use of our services.

Wings Over reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with us in asserting any available defenses.

12. 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 law, without regard to any conflict of law principles that would result in the application of the laws of another jurisdiction.

Any legal action, suit, or proceeding arising out of or relating to these Terms or the use of our services shall be brought exclusively in the appropriate federal or state courts located within the United States. By accepting these Terms, you consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such dispute.

You acknowledge that these Terms are subject to applicable federal consumer protection laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in or affecting commerce. Nothing in these Terms shall limit any rights you may have under applicable federal or state consumer protection laws.

If Wings Over operates in or serves customers in California, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), as codified at California Civil Code § 1798.100 et seq., may apply to our handling of your personal information. Please refer to our Privacy Policy for further details.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the services provided by Wings Over, the parties agree to first attempt to resolve the dispute informally. You agree to contact Wings Over in writing at [email protected] with a description of the dispute and your proposed resolution. Wings Over will attempt to respond and resolve the dispute within thirty (30) days of receiving your written notice.

13.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiation within thirty (30) days, either party may elect to have the dispute finally settled by binding arbitration administered by a nationally recognized arbitration organization (such as the American Arbitration Association, "AAA") pursuant to its Consumer Arbitration Rules, as modified by these Terms.

The arbitration shall be:

• Conducted in the English language;
• Held on a confidential basis;
• Decided by a single arbitrator;
• Conducted in the United States, with the location to be determined in accordance with the applicable arbitration rules;
• Subject to the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

The arbitrator's decision shall be final and binding, and judgment on any arbitration award may be entered in any court having proper jurisdiction. Each party shall bear its own costs and fees associated with the arbitration, unless the arbitrator determines otherwise in accordance with applicable law.

13.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND WINGS OVER EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF FOR ANY REASON THIS WAIVER IS FOUND UNENFORCEABLE, THE DISPUTE SHALL PROCEED IN COURT AND NOT IN ARBITRATION.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or restrain any actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use our Site or services. Wings Over reserves the right, in its sole discretion, to:

• Suspend or terminate your access to the Site and services immediately, without prior notice or liability, for any reason whatsoever, including if you breach any provision of these Terms;
• Discontinue, modify, or restrict any aspect of our services at any time;
• Terminate inactive accounts after a period of prolonged inactivity, with reasonable notice where feasible.

Upon termination of your access to our services:

• Your right to use the Site and services shall immediately cease;
• Any outstanding orders that have already been prepared or are in transit shall remain subject to payment;
• Provisions of these Terms that by their nature should survive termination — including, without limitation, intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — shall continue to apply after termination.

You may also terminate your account at any time by contacting us at [email protected] and requesting account deletion. Such termination shall not affect your obligations for any outstanding orders or payments.

15. Changes to These Terms

Wings Over reserves the right to modify, update, or revise these Terms of Service at any time, at our sole discretion. We will notify you of any material changes by:

• Posting the updated Terms on wings-over.digital with a revised "Last Updated" date;
• Sending an email notification to the address associated with your account (where applicable); and/or
• Displaying a prominent notice on our Site.

Changes to these Terms shall become effective upon posting to the Site, unless we specify a later effective date. Your continued use of the Site or services 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 immediately cease using our Site and services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at wings-over.digital.

16. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information in accordance with applicable federal and state privacy laws, including the FTC Act and, where applicable, the CCPA/CPRA. By using our services, you consent to the data practices described in our Privacy Policy.

17. 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 for any reason, such provision shall be deemed severed from these Terms to the minimum extent necessary. The remaining provisions of these Terms shall continue in full force and effect, and shall be interpreted and construed to effectuate the original intent of the parties as closely as possible.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision herein. If the severed provision cannot be reformed in such a way as to make it enforceable while preserving the intent of the parties, the parties agree to negotiate in good faith a replacement provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable provision.

18. Entire Agreement and Waiver

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

No waiver by Wings Over of any term or condition set forth 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 Wings Over to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver of any right under these Terms shall only be effective if made in writing and signed by an authorized representative of Wings Over.

19. Force Majeure

Wings Over shall not be liable for any failure or delay in performance of our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or regulations, labor disputes, supply chain disruptions, power outages, internet service disruptions, or other unforeseen events. In such circumstances, Wings Over will make reasonable efforts to resume normal operations as soon as practicable.

20. No Third-Party Beneficiaries

These Terms are entered into solely between Wings Over and you, the user. Nothing in these Terms, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities, whether as a third-party beneficiary or otherwise, except as expressly provided herein.

21. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Wings Over. Wings Over may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, at any time without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section shall be null and void.

22. Electronic Communications

By using our Site and services, you consent to receiving electronic communications from Wings Over, including but not limited to order confirmations, receipts, promotional communications, and legal notices. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly. Please note that opting out of promotional communications does not affect your receipt of transactional or service-related communications.

23. Accessibility

Wings Over is committed to making our website accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable accessibility laws. If you experience any difficulty accessing our Site or services, please contact us at [email protected] so that we may assist you and continue to improve accessibility.

24. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, your rights, or our services, please contact us using the information provided below:

We will make every reasonable effort to respond to your inquiry within five (5) business days. For urgent matters related to food safety or order issues, please use the email address above and include "URGENT" in the subject line.