Terms of Service

Effective Date: May 22, 2026  |  Last Updated: May 22, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement 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 marcos-food.digital and all related services, content, features, and functionality offered by Marcos (collectively, the "Services").

By visiting our website, placing an order, creating an account, subscribing to our newsletter, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, customers, and others who access or use the Services.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.

You must be at least 18 years of age, or the age of majority in your state or jurisdiction, to use our Services. By using our Services, you represent and warrant that you meet this age requirement. If you are under the applicable age of majority, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Marcos is a food-related business operating in the United States that offers a range of food products, services, and related experiences through its website at marcos-food.digital. Our Services may include, but are not limited to:

• Online ordering of food products, meals, and related items;
• Delivery, pickup, and catering services as available in your area;
• Subscription meal plans, loyalty programs, and promotional offerings;
• Informational content related to food, nutrition, recipes, and culinary experiences;
• Customer account management and order tracking features;
• Customer support and communication services;
• Any other products, services, or features we may introduce from time to time.

We reserve the right to modify, suspend, or discontinue any portion 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 specific food items, menu options, and services may vary by location, time, and seasonal availability. We make no guarantee that any particular item or service will be available at any given time.

All food products and services offered are subject to applicable federal, state, and local food safety regulations, including but not limited to those enforced by the U.S. Food and Drug Administration (FDA) and relevant state health departments. We are committed to compliance with all applicable food safety standards; however, customers with specific dietary restrictions, allergies, or medical conditions should review ingredient information carefully and consult with a qualified healthcare professional before consuming our products.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security of your account credentials and promptly notify us of any unauthorized use of your account;
• Update your account information as necessary to ensure it remains accurate and complete;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services;
• Use our Services only for lawful, personal, non-commercial purposes unless expressly authorized in writing by Marcos;
• Accept responsibility for all activities that occur under your account;
• Review allergen and ingredient information before ordering and inform us of any food allergies or dietary restrictions.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities in connection with your use of our Services:

• Violating any applicable local, state, federal, or international laws or regulations;
• Using our Services for any fraudulent, deceptive, or unlawful purpose;
• Attempting to gain unauthorized access to any portion of our website, servers, or related systems or networks;
• Interfering with or disrupting the integrity or performance of our Services or the data contained therein;
• Transmitting any viruses, malware, or other harmful computer code through our website;
• Using automated scripts, bots, scrapers, crawlers, or similar tools to access, collect data from, or interact with our Services without our prior written consent;
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying our Services;
• Reselling, sublicensing, or commercially exploiting our Services or any content obtained through our Services without express written permission from Marcos;
• Submitting false, misleading, or defamatory reviews, complaints, or communications;
• Attempting to reverse engineer, decompile, or disassemble any software or technology underlying our Services;
• Collecting or storing personal information of other users without their consent;
• Using our Services to send unsolicited communications, spam, or promotional materials;
• Engaging in any activity that could damage, disable, overburden, or impair our servers or networks.

Violation of any prohibited activity may result in immediate termination of your account, reporting to appropriate law enforcement authorities, and/or civil legal action as permitted under applicable law.

4. Account Registration and Security

Certain features of our Services may require you to register for an account. When you register, 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 password and for any activities or actions taken under your account.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion, including if we believe that your conduct violates these Terms or is harmful to other users, us, or third parties, or for any other reason. You may not use another person's account without their permission. If you suspect any unauthorized use of your account, you must notify us immediately at [email protected].

5. Intellectual Property Rights

All content, materials, and intellectual property available on or 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 arrangement of the website ("Content"), are the exclusive property of Marcos or its licensors and are protected by applicable United States and international intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act, and applicable trademark and trade dress laws.

The Marcos name, logo, trademarks, service marks, and trade dress are the exclusive property of Marcos. You may not use any of our trademarks, service marks, or trade dress without our prior written consent. Nothing in these Terms grants you any right, title, or interest in or to any intellectual property owned by or licensed to Marcos.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our website and Services for your personal, non-commercial use. This license does not include the right to:

• Copy, reproduce, distribute, republish, download, display, post, or transmit any Content in any form or by any means;
• Modify, create derivative works from, or adapt any Content;
• Sell, rent, lease, license, or otherwise exploit any Content for commercial purposes;
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices embedded in or affixed to any Content.

Any unauthorized use of our intellectual property may violate copyright laws, trademark laws, privacy and publicity laws, and other applicable regulations and statutes. We reserve all rights not expressly granted in and to our Content and Services.

If you believe that any content on our website infringes upon your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, by contacting us at [email protected] with a detailed description of the alleged infringement.

6. Payment Terms

Certain Services offered by Marcos, including the purchase of food products, meal plans, and catering services, require payment. By placing an order or subscribing to any paid service, you agree to pay all applicable fees, charges, and taxes in connection with your use of such Services.

6.1 Pricing and Fees

All prices for food products and services are displayed in U.S. dollars (USD) and are subject to applicable federal, state, and local sales taxes. We reserve the right to modify our pricing at any time, with changes taking effect upon posting to our website. Price changes will not affect orders already confirmed and accepted by Marcos.

6.2 Payment Methods

We accept payment via major credit cards, debit cards, and other payment methods as specified on our website at the time of purchase. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

6.3 Billing and Charges

For subscription or recurring services, you authorize us to charge your payment method on a recurring basis at the frequency specified at the time of enrollment. You may cancel a subscription at any time in accordance with our cancellation policy, but cancellation will not entitle you to a refund of any fees already charged except as required by applicable law.

6.4 Refund and Cancellation Policy

Our refund and cancellation policy for food orders and services is as follows: due to the perishable nature of food products, all sales are generally final. However, if you receive a product that is incorrect, damaged, or does not meet food safety standards, please contact us within 24 hours of receipt at [email protected], and we will work with you to provide an appropriate resolution, which may include a replacement, credit, or refund at our sole discretion. Refunds, where applicable, will be processed to your original payment method within 5–10 business days.

6.5 Chargebacks

If you initiate a chargeback with your payment provider without first contacting us to resolve the issue, we reserve the right to dispute the chargeback, suspend your account, and pursue all available legal remedies to recover amounts owed, including collection costs and attorneys' fees.

7. Food Safety, Allergens, and Dietary Information

Marcos is committed to providing accurate information regarding ingredients, allergens, and nutritional content for our food products. However, you acknowledge and agree that:

• Our food products may be prepared in facilities that also handle common allergens, including but not limited to nuts, gluten, dairy, eggs, soy, shellfish, and other allergens;
• While we take reasonable precautions to prevent cross-contamination, we cannot guarantee that any product is completely free of allergens;
• It is your sole responsibility to review all allergen and ingredient information before consuming our products;
• If you have a known food allergy, sensitivity, or medical dietary requirement, you should consult a qualified healthcare professional before consuming our products;
• We are not liable for any adverse reactions, illness, or injury arising from failure to review allergen information or from known or unknown cross-contamination.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES, WEBSITE, AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION THEREWITH 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE;
• WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH OUR SERVICES.

Some states do not allow the exclusion of implied warranties or limitations on consumer rights, so some or all of the above exclusions and limitations may not apply to you. In such states, our warranties and liabilities will be limited to the greatest extent permitted by applicable law.

9. Limitation of Liability

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, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES OR CONSUMPTION OF OUR PRODUCTS;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES;
• ANY ERRORS, OMISSIONS, OR INACCURACIES IN CONTENT OR INFORMATION PROVIDED THROUGH OUR SERVICES.

EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

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

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Marcos and you. 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. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, employees, agents, affiliates, licensors, service providers, 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 or misuse of our Services or website;
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any content, material, or information you submit, post, transmit, or otherwise make available through our Services;
• Your fraudulent, negligent, or intentionally harmful acts or omissions;
• Your failure to review allergen or ingredient information before consuming our food products;
• Any dispute between you and any other user of our Services.

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 case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claim subject to indemnification without our prior written consent.

11. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Marcos. We have no control over and assume no responsibility for the content, privacy policies, practices, or operations of any third-party websites or services. We do not warrant the offerings of any of these third parties or their websites.

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 use of or reliance on any such third-party content, goods, or services. We strongly advise you to review the terms of service and privacy policy of any third-party website or service that you visit or use.

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy.

To the extent you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete personal information, and the right to opt out of the sale or sharing of personal information. Please review our Privacy Policy for more details on your rights and how to exercise them.

For all users, we comply with applicable federal privacy laws and the consumer protection standards established by the Federal Trade Commission (FTC) Act, 15 U.S.C. § 45, which prohibits unfair or deceptive acts or practices in commerce.

13. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms, your use of our Services, or your relationship with Marcos 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 cause the application of the laws of any other jurisdiction.

To the extent that any dispute is not subject to mandatory arbitration as set forth in Section 14 below, or in the event the arbitration provision is found to be unenforceable, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the United States, and you waive any objection to the exercise of jurisdiction over you by such courts and any objection to venue in such courts.

Nothing in these Terms shall limit our right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either party may proceed to formal dispute resolution as provided below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, before one arbitrator.

The arbitration shall be conducted in the United States in a location reasonably convenient to both parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

14.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MARCOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Marcos 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 Time Limitation on Claims

You agree that any claim or cause of action arising out of or related to these Terms or our Services must be filed within one (1) year after such claim or cause of action arose; otherwise, such claim or cause of action is permanently barred, to the extent permitted by applicable law.

15. Term and Termination

These Terms shall remain in full force and effect while you use our Services. We reserve the right, at our sole and absolute discretion, to terminate or suspend your access to our Services, or any part thereof, at any time and for any reason, including but not limited to your violation of these Terms, fraudulent activity, or conduct that we believe is harmful to our business, other users, or third parties, without prior notice and without liability to you.

You may terminate your use of our Services at any time by discontinuing use of the website and, if applicable, closing your account by contacting us at [email protected].

Upon termination:

• Your right to access and use our Services will immediately cease;
• We may delete or retain your account information and data in accordance with our Privacy Policy and applicable law;
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

16. Changes to Terms

We reserve the right to modify, update, or revise these Terms at any time at our sole discretion. When we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of this page, and we may also provide additional notice such as by sending you an email notification or posting a prominent notice on our website.

Your continued use of our Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of our Services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any updates.

Notwithstanding the foregoing, we will not make changes to these Terms that retroactively reduce your rights under applicable consumer protection laws without providing appropriate notice and, where required by law, obtaining your consent.

17. Severability

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, the invalid, illegal, or unenforceable provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall be construed so as to best effectuate the original intent and purpose of these Terms.

The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

18. Waiver

No waiver by Marcos of any term or condition set out 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 of Marcos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements published by us 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 written or oral agreements, representations, or understandings between you and Marcos relating to the subject matter hereof.

These Terms may not be modified or amended except as provided herein or by a written agreement duly signed by authorized representatives of both parties.

20. Force Majeure

Marcos shall not be liable for any failure or delay in performing its 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, pandemic or epidemic events, war, terrorism, labor disputes, governmental actions, power outages, Internet service disruptions, supply chain failures, or any other event beyond our reasonable control ("Force Majeure Event"). In such circumstances, our obligations will be suspended for the duration of the Force Majeure Event, and we will make reasonable efforts to resume performance as soon as practicable.

21. Consumer Protection Compliance

Marcos is committed to fair and transparent business practices in compliance with applicable federal and state consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45) and applicable state consumer protection statutes. We do not engage in unfair, deceptive, or abusive acts or practices in the course of offering or providing our Services.

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). If you are a resident of another state, additional state-specific consumer protection rights may apply to you. Please contact us using the information below to learn more about your rights or to exercise them.

22. Contact Information

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

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety or consumer health, please contact the appropriate federal or state regulatory authority in addition to contacting us directly.