Terms of Use & Escobar Rewards Terms

Effective October 11, 2026

These Terms are an agreement between you and The Escobar Kitchen LLC, doing business as The Escobar Kitchen ("Escobar," "we," "us"). They govern the Escobar Kitchen mobile app, our online ordering and the Escobar Rewards loyalty program (the "Services"). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility and your account

• You must be at least 13 years old to create an account; if you are under 18, you confirm a parent or guardian agrees to these Terms.
• One account per person. Information you give us must be accurate and kept up to date, including a mobile number you control.
• You are responsible for keeping your password confidential and for activity under your account. Tell us right away if you think your account was used without permission.
• We may suspend or close accounts that break these Terms, involve fraud or abuse, or harm other guests, our staff or the Services.

2. Orders

• Menus, prices, items and hours are set by each location and may change at any time. Prices shown at checkout are final for that order. Items may sell out after you order; if so, we will contact you to substitute or refund the item.
• Every order is an offer to buy and is subject to our acceptance. We may decline, limit or cancel any order (for example, if an item is unavailable, a price was shown in error, or we suspect fraud) and will refund any amount charged for a cancelled order.
• Pickup and delivery times are estimates, not guarantees. Please check your order at pickup. We hold pickup orders for a reasonable time; orders not collected the same day may be discarded and are not refundable.
• Online ordering may be paused at any time (for example, when a kitchen is at capacity).
• Catering requests. A catering request submitted online is a request, not a confirmed order. A catering order is confirmed only when we send you a quote and you accept it. Pricing, any deposit, and changes or cancellation for catering are as stated in your quote.

3. Food, allergies and health

• Our kitchens handle common allergens including fish, shellfish, soy, wheat/gluten, sesame, eggs, milk, peanuts and tree nuts. We cannot guarantee any item is free of allergens or cross-contact. If you have a food allergy, call the restaurant before ordering. Descriptions in the app are for convenience and may not list every ingredient.
• Consumer advisory: consuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
• Once an order is picked up or delivered, handling, storage and timely consumption are your responsibility.

4. Payment

• Payments in the app and on our website are taken and processed by Clover, our point-of-sale and payment provider. You enter your card in Clover's secure payment fields, and the payment is made to the restaurant location you order from. You authorize us to charge the payment method you provide for the order total, including taxes, any delivery fee and any tip you choose. Some orders may be marked "pay at pickup." Where available you can also pay with Apple Pay or Google Pay, processed by Clover. If you tick "Save this card," you authorize the restaurant location to store that card with Clover and to charge it only for orders you place and confirm in the app or on our website; we never charge a saved card without your order. You can remove a saved card at any time in Account → Saved cards.
• Tips go to the restaurant team. Taxes are calculated as required by law.
• If a payment is reversed or disputed, we may cancel the related order and reverse related points.

5. Cancellations and refunds

Because food is prepared to order, orders generally cannot be cancelled once the kitchen has started them. If something is wrong with your order, contact the restaurant or us (see Section 16) as soon as possible. Refunds, credits or replacements are at our reasonable discretion. Points earned on refunded amounts are removed.

6. Delivery

Delivery is not offered at every location or at all times; when it is offered, it is provided by independent third-party couriers (for example, DoorDash or Uber), not by Escobar employees. Delivery availability, areas, fees and times vary. You agree to provide an accurate address and to be available to receive the order. We are not responsible for delays, acts or omissions of couriers or for orders left as you instructed, but we will work with you and the courier to make things right where reasonable.

7. Alcohol

Alcohol is not sold through the app. Any reward that includes an alcoholic beverage (such as the Sangria reward) is available only in our restaurants, only to guests 21 or older with valid photo ID, and subject to Florida law and our staff's judgment. Guests under 21, or who do not show ID, may ask staff about a non-alcoholic alternative, offered at the restaurant's discretion.

8. Escobar Rewards

Joining and earning

• Escobar Rewards is free. You receive welcome points when you join.
• You earn 1 point for every $1 spent on eligible purchases, calculated on the subtotal after discounts and rewards and before tax, tips, delivery and service fees. Partial dollars do not earn points.
• Promotions may award extra points (for example, 2x points during stated days and hours). Promotional terms are shown in the app.
• In-restaurant purchases earn points when the visit is linked to your account: your mobile number or email added to the check; the card you paid with, if card matching is on in your account; or the "Earn points for your visit" page (your mobile number plus the Clover ID or total printed on your receipt) within 7 days of your visit. Each check earns points once. Points are personal: up to 2 restaurant visits per day (and 1 per location every 3 hours, up to 150 points a day) earn points automatically; additional visits are held for review and may be credited or declined.
• Your mobile number must be confirmed with a texted code before restaurant visits are credited to it. Visits made while it is not confirmed are held for up to 90 days and added when you confirm it. Purchases made up to 14 days before you join may be credited when you join with the same number.
• Gift card purchases, third-party marketplace orders (orders placed through other apps or websites), taxes, tips and fees do not earn points.

Rewards

• Rewards and their point levels are shown in the app and may differ by location only where an item is not sold at that location.
• Redeeming a reward deducts its points. A reward has no cash value, cannot be exchanged for cash or credit, and any unused value of a reward is forfeited. Rewards apply to the base item; added options may cost extra.
• To use a reward in a restaurant, select "Use in store" in the app and have your mobile number added to your check; the reward is applied to an eligible item on that check, and the points are deducted when the check is paid. Rewards not used within the time shown in the app are released back to your balance.
• Unless we say otherwise, rewards cannot be combined with other discounts or offers.
• Birthday rewards require a birthday saved on your account before your birthday month and can be used once per year during that month.

General program rules

• Points and rewards are promotional, have no cash value, are not your property, and cannot be sold, transferred, combined between accounts, or exchanged except as these Terms allow.
• Points do not currently expire. We may introduce reasonable expiration rules with at least 30 days' notice in the app.
• If an order is refunded, cancelled or charged back, points earned on it are removed (which may create a negative balance).
• We may correct errors in your balance, and we may suspend accounts and cancel points or rewards obtained through fraud, abuse, multiple accounts, technical errors, or violations of these Terms.
• We may change, suspend or end Escobar Rewards or any part of it at any time. If we end the program, we will give at least 30 days' notice in the app to use your rewards, where the law requires or allows.
• Void where prohibited. Program details in the app are part of these Terms.

9. Text messages, emails and notifications

• Text messages (Escobar Kitchen Alerts): if you opt in, you agree to receive recurring automated marketing and account texts at the number provided. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. Carriers are not liable for delayed or undelivered messages.
• Email: unsubscribe anytime using the link in our emails.
• App notifications: order updates and offers are separate choices you can change in Account → Notifications.
• Order and account messages (for example, receipts, password-reset codes) are sent as needed to provide the Services.

10. Acceptable use

You agree not to misuse the Services, including: creating accounts with false information or for someone else without permission; manipulating points, rewards or promotions; reselling rewards; interfering with or reverse-engineering the Services; using bots or automated means; or using the Services unlawfully or to harm others.

11. Intellectual property

The Services, including our names, logos, menu content, photos and app design, are owned by Escobar or our licensors and protected by law. We grant you a limited, personal, revocable, non-transferable license to use the app for its intended purpose. Any feedback you give us may be used without obligation to you.

12. Third-party services

The Services rely on third parties (for example, payment, point-of-sale, delivery, messaging and app-store providers). Their own terms may apply, and we are not responsible for their services.

13. Disclaimers and limitation of liability

The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the Services will be uninterrupted, error-free or secure.

To the fullest extent permitted by law, Escobar and its owners, employees and service providers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from the Services. Our total liability for any claim relating to the Services is limited to the greater of the amount you paid us for the order giving rise to the claim or $100. Some jurisdictions do not allow these limits, so they may not apply to you.

You agree to indemnify and hold Escobar harmless from claims arising from your misuse of the Services or violation of these Terms.

14. Dispute resolution — arbitration and class-action waiver

• Informal first. Before filing a claim, contact us (Section 16) and give us 30 days to try to resolve it.
• Arbitration. Except for claims that qualify for small-claims court, any dispute relating to the Services or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section.
• Class-action waiver. You and we may bring claims only individually, and not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not consolidate claims.
• Opt-out. You can opt out of this arbitration agreement by emailing info@theescobarkitchen.com with your name, phone number and the statement "I opt out of arbitration" within 30 days of first accepting these Terms.
• If any part of this section is found unenforceable, the remainder stays in effect; if the class-action waiver is unenforceable, this arbitration agreement does not apply to that claim.

15. Governing law and venue

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. Subject to Section 14, the state and federal courts located in Orange County, Florida have exclusive jurisdiction.

16. Changes and contact

We may update these Terms. If changes are material, we will notify you in the app or by other reasonable means before they take effect; continued use after that means you accept them. If any part of these Terms is unenforceable, the rest remains in effect. These Terms are the entire agreement about the Services.

The Escobar Kitchen LLC
13769 S John Young Pkwy, Orlando, FL 32837
Email: info@theescobarkitchen.com

17. Apple and Google app stores

If you downloaded the app from the Apple App Store or Google Play:

• These Terms are between you and Escobar only, not Apple Inc. or Google LLC ("Store Providers"). Escobar, not the Store Providers, is solely responsible for the app and its content.
• Your license to use the app is limited to use on Apple- or Android-branded devices you own or control, as permitted by the Store Providers' usage rules.
• The Store Providers have no obligation to provide maintenance or support for the app. Escobar is responsible for support (Section 16).
• To the maximum extent permitted by law, the Store Providers have no warranty obligation for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); any other warranty claims are Escobar's responsibility to the extent not effectively disclaimed.
• Escobar, not the Store Providers, is responsible for addressing any claims relating to the app, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, consumer-protection or privacy claims, and claims that the app infringes a third party's intellectual property.
• You confirm you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (for example, your wireless carrier) when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.