Terms of Service

Effective Date: May 9, 2026  |  Last Updated: May 9, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Wings Over ("Company," "we," "us," or "our"), governing your access to and use of the website wingsover-food.rest, including all content, features, functionality, and services offered therein (collectively, the "Services").

By visiting the Site, creating an account, placing an order, or otherwise engaging with any aspect of our Services, you expressly agree to these Terms, our Privacy Policy, and any additional policies or guidelines we may publish from time to time. These Terms apply to all visitors, users, customers, and others who access or use the Site.

If you are using the Site on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer to both you individually and that entity.

You must be at least eighteen (18) years of age to use the Site or place an order. By using the Site, you represent and warrant that you meet this age requirement. If you are under 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Wings Over is a food service business operating within the United States. Our Services include, but are not limited to, the following:

• Online Ordering: We provide a digital platform through which customers can browse our menu, customize orders, and submit food orders for delivery or pickup.
• Menu Information: We publish menu items, descriptions, pricing, nutritional information, and allergen details on the Site to assist customers in making informed choices.
• Account Management: Users may create personal accounts to manage orders, save preferences, and review order history.
• Customer Support: We offer support services via email and other channels to assist customers with inquiries, complaints, and feedback.
• Promotions and Offers: From time to time, we may offer discounts, promotional codes, loyalty rewards, or special deals through the Site.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, and hours of operation may change without prior notice.

All food items are subject to availability. We do not guarantee that any specific item will be available at the time of your order. In the event an item is unavailable, we will make reasonable efforts to notify you and offer a suitable alternative or a full refund for that item.

3. User Accounts and Registration

To access certain features of the Site, including placing orders, you may be required to register for an account. When creating 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 and current;
• Keep your account password confidential and not share it with any third party;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any breach of security.

We reserve the right to suspend or terminate your account at our sole discretion if we believe that you have violated these Terms or if your account poses a risk to the security of the Site or other users. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and Services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations in the United States. You further agree not to engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Site in any way that violates applicable federal, state, or local laws, regulations, or ordinances;
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity;
• Using the Site to engage in any form of fraud, deception, or misrepresentation;
• Attempting to gain unauthorized access to any part of the Site, other accounts, or any computer systems or networks connected to the Site;
• Interfering with or disrupting the integrity, security, or performance of the Site or its servers;
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful code;
• Harvesting, scraping, or collecting any personally identifiable information from the Site without our prior written consent;
• Using any automated means, bots, crawlers, or scrapers to access or interact with the Site;
• Posting or transmitting any content that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable;
• Using the Site for any commercial solicitation or advertising without our express written permission.

4.2 Order-Related Prohibitions

• Placing fraudulent, false, or fictitious orders;
• Using stolen, invalid, or unauthorized payment methods;
• Abusing promotional codes, coupons, or discount offers in a manner inconsistent with their intended use;
• Submitting excessive or unreasonable requests for refunds or chargebacks without legitimate basis;
• Attempting to obtain food products without proper payment.

Any violation of these prohibitions may result in immediate termination of your account, cancellation of pending orders, and, where appropriate, referral to law enforcement authorities. We reserve all legal rights and remedies available to us under applicable law.

5. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, digital downloads, data compilations, software, and other materials (collectively, "Content"), is the exclusive property of Wings Over or its content suppliers and is protected by United States intellectual property laws, including copyright, trademark, trade dress, and other applicable laws.

The Wings Over name, logo, trade names, service marks, and all related names, logos, product names, and design elements are trademarks or registered trademarks of Wings Over. You are strictly prohibited from using any such marks without our prior written permission. Unauthorized use of our trademarks may constitute trademark infringement and unfair competition under federal and state law.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for the purpose of browsing our menu and placing orders for personal, non-commercial use. This license does not include the right to:

• Download or copy account information for the benefit of any other party;
• Modify, reproduce, distribute, republish, or create derivative works from any Content;
• Use data mining, robots, or similar data gathering tools;
• Reverse engineer or disassemble any software used to operate the Site;
• Sell, resell, or commercially exploit any portion of the Site or Content.

Any unauthorized use of the Content terminates the limited license granted herein and may violate copyright, trademark, and other applicable laws, resulting in civil and/or criminal liability.

6. Payment Terms

By placing an order through the Site, you agree to pay all charges associated with your order, including the price of the food items, applicable taxes, delivery fees, service charges, and any other fees disclosed at the time of checkout.

6.1 Accepted Payment Methods

We accept various forms of electronic payment as displayed on the Site at the time of checkout, which may include major credit cards, debit cards, and other digital payment methods. All transactions are processed through secure, third-party payment processors. We do not store your full payment card details on our servers.

6.2 Pricing and Taxes

All prices displayed on the Site are in U.S. dollars (USD) and are subject to change without notice. You are responsible for all applicable federal, state, and local sales taxes, use taxes, and any other governmental assessments or fees imposed on your purchase. Applicable taxes will be calculated and displayed at checkout.

6.3 Order Confirmation and Charges

When you submit an order, you authorize us to charge your designated payment method for the total amount displayed at checkout. An order confirmation does not guarantee that an order will be fulfilled. We reserve the right to cancel orders due to pricing errors, ingredient unavailability, payment issues, or other operational reasons, in which case we will provide a full refund to your original payment method within a reasonable time.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared or dispatched for delivery. If your order is incorrect, incomplete, or of unsatisfactory quality, please contact us at [email protected] within a reasonable time of receipt. We will evaluate each claim on a case-by-case basis and may, at our discretion, offer a partial or full refund, a credit toward a future order, or a replacement.

Cancellations may only be accommodated if requested before the preparation of your order has commenced. Once food preparation has begun, we are unable to guarantee the ability to cancel your order.

6.5 Disputed Charges

If you believe you have been charged in error, please contact us at [email protected] before initiating a chargeback with your financial institution. Unauthorized chargebacks may result in the suspension of your account and may be subject to legal action.

7. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED HEREIN ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES 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, VIRUS-FREE, OR SECURE;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED;
• WARRANTIES RELATING TO THE QUALITY, SAFETY, OR SUITABILITY OF FOOD PRODUCTS FOR ANY PARTICULAR DIETARY NEED OR HEALTH REQUIREMENT.

Nutritional and allergen information provided on the Site is offered for general informational purposes only and should not be relied upon as a substitute for professional medical or dietary advice. If you have food allergies, sensitivities, or dietary restrictions, we strongly encourage you to contact us directly before placing an order. Cross-contamination may occur in our kitchen, and we cannot guarantee that any menu item is completely free from allergens.

Some jurisdictions do not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, WINGS OVER AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or other intangible losses;
• Personal injury or property damage resulting from your access to or use of the Site;
• Unauthorized access to or use of our servers or any personal or financial information stored therein;
• Interruption or cessation of transmission to or from the Site;
• Any bugs, viruses, Trojan horses, or similar harmful components transmitted through the Site;
• Errors or omissions in any Content on the Site.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO WINGS OVER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Wings Over and you. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages; accordingly, some of the above limitations may not apply to you.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use of the Site or Services in a manner not expressly authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other right of any person or entity;
• Any content or information you submit, post, or transmit through the Site;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and a third party arising from your use of the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

10. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Wings Over. These links are provided solely for your convenience. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of service of any third-party websites or services.

We do not endorse or make any representations or warranties about any third-party websites, products, or services. Your use of any third-party website or service is governed by the applicable terms and privacy policy of that third party. We strongly encourage you to review the terms and privacy policies of any third-party sites you visit.

11. Privacy and Data Protection

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

To the extent applicable, our data practices comply with the requirements of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, which prohibits unfair or deceptive acts or practices in commerce. If you are a California resident, additional rights and protections may apply to you under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (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 applicable laws of the state in which Wings Over operates, without giving effect to any choice of law or conflict of law rules or provisions.

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

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally. You must send a written notice to us at [email protected] describing the nature of the dispute and the relief sought. We will endeavor to respond within thirty (30) days. Both parties agree to negotiate in good faith for a period of sixty (60) days from the date of the initial notice before pursuing formal proceedings.

13.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiation, both parties agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as currently in effect and available at www.adr.org. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties.

The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

13.5 Exceptions to Arbitration

The following disputes are not subject to the arbitration provision above: (a) disputes relating to the enforcement or validity of either party's intellectual property rights; (b) claims seeking emergency injunctive or other equitable relief to prevent imminent harm; and (c) claims that applicable law specifically provides must be heard in court.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or Services. We reserve the right, at our sole and absolute discretion, to terminate or suspend your access to the Site and Services, without notice and without liability, for any reason whatsoever, including but not limited to:

• Your violation of any provision of these Terms;
• Conduct that we believe is harmful to other users, third parties, or our business interests;
• Requests by law enforcement or other government agencies;
• Unexpected technical or security issues;
• Extended periods of inactivity;
• Discontinuation of the Services or any part thereof.

Upon termination, your right to use the Site and Services will immediately cease. Any provisions of these Terms that by their nature should survive termination — including but not limited to sections on intellectual property, disclaimers, indemnification, limitation of liability, and dispute resolution — shall survive termination.

You may also terminate these Terms at any time by ceasing all use of the Site and, if applicable, by deleting your account. Please contact us at [email protected] to request account deletion.

15. Changes to These Terms

We reserve the right to modify, amend, or update these Terms of Service at any time in our sole discretion. Any changes will become effective upon posting of the revised Terms on the Site, with an updated "Last Updated" date at the top of this page.

We will make reasonable efforts to notify you of material changes, which may include posting a prominent notice on the Site or sending an email to the address associated with your account. However, it is your responsibility to review these Terms periodically to stay informed of any updates.

Your continued use of the Site or Services after the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately cease all use of the Site and Services.

16. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable under any applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be deemed severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect, and the invalidity or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision hereof.

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

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

No oral or written information or advice given by us or our authorized representatives shall create any additional warranty or expand the scope of these Terms.

18. Force Majeure

Wings Over shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government restrictions, labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, or any other event beyond our reasonable control (each, a "Force Majeure Event").

In the event of a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of such event, and we shall use commercially reasonable efforts to resume performance as soon as practicable.

19. Consumer Protection Compliance

Wings Over is committed to complying with all applicable consumer protection laws in the United States, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in or affecting commerce. Our marketing, pricing, and business practices are designed to be transparent, honest, and fair to all consumers.

If you believe we have engaged in any unfair or deceptive practice, please contact us directly so that we can address your concern. You also have the right to file a complaint with the Federal Trade Commission (FTC) at www.ftc.gov or with your applicable state consumer protection agency.

20. Accessibility

Wings Over is committed to ensuring that our Site is accessible to all users, including individuals with disabilities, in accordance with applicable law. We strive to maintain our Site in conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 to the extent reasonably practicable. If you experience any accessibility barriers while using our Site, please contact us at [email protected] and we will make every reasonable effort to assist you.

21. Electronic Communications

By using the Site or communicating with us electronically, you consent to receive communications from us electronically, including but not limited to emails, notifications, and other electronic messages. 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, to the extent permitted by applicable law.

22. Contact Information

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

We will endeavor to respond to all inquiries within a reasonable time. For urgent matters, particularly those related to food safety or allergic reactions, please contact emergency services immediately in addition to reaching out to us.