Terms of Service

Please read these Terms of Service carefully before using the website located at sweet-tatte.rest (the "Website") or any services offered by Tatte ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease using our Website and services.

1. Acceptance of Terms

By accessing, browsing, or using the Website located at sweet-tatte.rest, or by clicking "I Agree," completing a registration, placing an order, or otherwise manifesting your assent to these Terms, you acknowledge that:

• You have read and understood these Terms in their entirety;
• You are at least 18 years of age, or if you are between the ages of 13 and 17, you are using the Website under the supervision of a parent or legal guardian who has agreed to these Terms on your behalf;
• You have the legal authority to enter into a binding agreement with Tatte;
• You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website and our services.

If you are using our Website or 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" shall refer to both you individually and that entity.

These Terms constitute a legally binding agreement between you and Tatte, governed by the laws of the United States of America and the applicable state law of the jurisdiction in which Tatte operates. These Terms incorporate by reference our Privacy Policy, which is available on the Website and is considered part of these Terms.

2. About Tatte and Our Services

Tatte is a food service business dedicated to providing high-quality culinary experiences, baked goods, specialty beverages, prepared foods, and related dining services to our customers. Our Website, sweet-tatte.rest, serves as a digital platform through which customers may:

• Browse our menu offerings and food product descriptions;
• Place online orders for pickup or delivery (where available);
• Make reservations or inquiries related to our food services;
• Access promotional offers, gift card programs, and loyalty rewards (where applicable);
• Contact our customer service team for support or information;
• Review our business information, operating hours, and location details;
• Subscribe to newsletters and marketing communications;
• Participate in any contests, sweepstakes, or promotional activities we may offer from time to time.

We reserve the right, in our sole discretion and at any time, to modify, suspend, or discontinue any aspect of our services or the Website, including but not limited to content, features, availability, pricing, menu items, and hours of operation. Tatte shall not be liable to you or any third party for any modification, suspension, or discontinuation of services or the Website.

Our services are intended solely for personal, non-commercial use by end consumers. Any commercial use of our services, including but not limited to reselling products purchased from Tatte, is strictly prohibited without prior written authorization from Tatte.

3. User Accounts and Registration

Certain features of the Website may require you 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 confidentiality of your account credentials, including your password;
• Immediately notify us at [email protected] if you suspect any unauthorized access to or use of your account;
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

Tatte reserves the right to suspend or terminate your account at any time and for any reason, including if we believe that information you provided is inaccurate, false, or incomplete, or if we determine that your use of the account violates these Terms or any applicable law.

4. User Obligations and Prohibited Activities

As a condition of your use of the Website and our services, you agree to use them only for lawful purposes and in accordance with these Terms. You expressly agree not to engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Website or services for any purpose that is unlawful, fraudulent, or harmful to Tatte, other users, or any third party;
• Impersonating any person or entity, including any employee or representative of Tatte, or falsely representing your affiliation with any person or entity;
• Collecting or harvesting any personally identifiable information from the Website, including account names or email addresses, without express authorization;
• Using the Website or services to send unsolicited communications, including spam, chain letters, or other unauthorized commercial communications;
• Using the Website or services to engage in any form of harassment, abuse, or intimidation of any individual or group;
• Interfering with or disrupting the integrity or performance of the Website, servers, or networks connected to the Website;
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website.

4.2 Technical Prohibited Conduct

• Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;
• Circumventing, disabling, or otherwise interfering with security-related features of the Website or features that prevent or restrict use or copying of any content;
• Uploading, transmitting, or distributing any viruses, malware, ransomware, or other harmful or destructive code;
• Framing or mirroring any part of the Website without Tatte's prior written authorization;
• Conducting denial-of-service attacks or any other actions that impose an unreasonably or disproportionately large load on our infrastructure;
• Reverse engineering, decompiling, or disassembling any software or other products or processes accessible through the Website.

4.3 Content Prohibited Conduct

• Posting, uploading, or transmitting any content that is defamatory, obscene, offensive, hateful, or inflammatory;
• Submitting any false, misleading, or deceptive content, including false reviews or testimonials about our products or services;
• Infringing upon the intellectual property rights of Tatte or any third party;
• Violating any applicable food safety, consumer protection, or other regulatory requirements in your use of our services.

Violation of these prohibitions may result in immediate termination of your access to the Website and services, and may subject you to civil and/or criminal liability under applicable federal and state law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act (18 U.S.C. §§ 2510–2523), and applicable state statutes.

5. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, photographs, images, icons, audio clips, digital downloads, data compilations, recipes, menu designs, brand names, software, and the selection and arrangement thereof — are the exclusive property of Tatte or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

5.1 Trademarks

The Tatte name, logo, taglines, and all related product and service names, design marks, and slogans are trademarks and service marks of Tatte. You are not permitted to use any of our trademarks or service marks without our prior written consent. All other trademarks appearing on the Website are the property of their respective owners.

5.2 Limited License

Subject to your compliance with these Terms, Tatte grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its content solely for your personal, non-commercial use. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any content;
• Use the Website or any content for any commercial purpose or for any public display;
• Remove or alter any copyright, trademark, or other proprietary notices from any content on the Website;
• Transfer the materials to another person or "mirror" the materials on any other server.

This license automatically terminates upon your violation of any of these Terms and may be terminated by Tatte at any time without notice.

5.3 User-Submitted Content

If you submit any content to us — including but not limited to reviews, feedback, photographs, or other materials — you grant Tatte a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or medium and in any form, format, or forum. You represent and warrant that you own or control all rights in and to such content and have the right to grant the foregoing license.

6. Online Ordering and Payment Terms

Where Tatte offers online ordering capabilities through the Website, the following terms apply:

6.1 Order Placement and Confirmation

When you place an order through our Website, you are making an offer to purchase the selected food items at the stated price. All orders are subject to availability and confirmation. We reserve the right to refuse or cancel any order at our discretion, including orders that appear to be placed by automated means, orders involving suspected fraud, or orders that cannot be fulfilled due to ingredient availability or operational constraints.

6.2 Pricing and Taxes

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes unless specifically stated. Applicable federal, state, and local taxes will be calculated and displayed at checkout. You are responsible for all taxes applicable to your purchase under the laws of the jurisdiction in which you receive the food products.

6.3 Payment Methods and Security

We accept various forms of payment as indicated on the Website. By providing your payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

All payment transactions are processed through secure third-party payment processors. Tatte does not store your full credit card or debit card information on its servers. Your payment information is subject to the privacy policy and terms of service of the applicable payment processor.

6.4 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final. However, if you receive an incorrect order or a product that does not meet our quality standards, please contact us immediately at [email protected]. We will review your claim and, at our sole discretion, offer a replacement, store credit, or refund as appropriate. Cancellations must be made within a reasonable time before the scheduled pickup or delivery, as specified at the time of order placement.

6.5 Delivery Services

Where delivery services are offered, delivery times are estimates only and are not guaranteed. Tatte shall not be liable for any delays in delivery caused by third-party delivery providers, traffic conditions, weather events, or other circumstances beyond our reasonable control.

7. Food Safety and Allergen Disclaimer

Tatte takes food safety seriously and strives to maintain high standards of quality and hygiene in the preparation of all food products. However, you acknowledge and agree that:

• Our food products may contain or have come into contact with common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, and shellfish;
• While we make reasonable efforts to accommodate dietary restrictions and allergen concerns, we cannot guarantee that any product is completely free from any allergen;
• It is your responsibility to inform us of any dietary restrictions or allergen sensitivities before placing an order;
• You should consult the allergen information available on our Website or by contacting us at [email protected] before consuming any of our products;
• Individuals with severe food allergies should exercise their own judgment regarding the safety of consuming our products.

Tatte shall not be held liable for any adverse reactions or health consequences resulting from the consumption of our food products where you have not disclosed relevant dietary restrictions or allergen sensitivities, or where our standard allergen disclosures have been made available and you have chosen to proceed with consumption.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND OTHER MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

TATTE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES;
• ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL TATTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR IN CONNECTION WITH OUR SERVICES;
• ANY OTHER MATTER ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS.

IN ALL CASES, TATTE'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO TATTE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TATTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. In such states, our liability shall be limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Tatte and its officers, directors, employees, agents, affiliates, licensors, service providers, subcontractors, and successors 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 or any applicable law, rule, or regulation;
• Your use or misuse of the Website or our services;
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any content or information you submit to or transmit through the Website;
• Your fraudulent, negligent, or willful misconduct;
• Any dispute between you and any third party in connection with your use of our services.

Tatte reserves the right, at our own expense, to assume the exclusive defense and control of any matter 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 without our prior written consent.

11. Third-Party Links and Services

The Website may contain links to third-party websites, services, or platforms that are not owned or controlled by Tatte. Such links are provided solely for your convenience and informational purposes. Tatte has no control over, and assumes 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 about such third-party websites or services.

You acknowledge and agree that Tatte 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 your use of or reliance on any content, goods, or services available on or through any third-party website or service. We strongly advise you to read the terms of service and privacy policy of each third-party website or service that you visit.

12. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to them or your use of the Website or services shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws, without giving effect to any choice or conflict of law provision or rule.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Website that is not subject to mandatory arbitration (as described in Section 13 below) shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to jurisdiction or venue in such courts.

You also agree to comply with all applicable provisions of the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), including its prohibition on unfair or deceptive acts or practices in commerce, and all other applicable federal consumer protection laws and regulations.

If you are a California resident, you may also have rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), which are further described in our Privacy Policy.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] with a written description of the dispute and your proposed resolution. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as set forth below.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH THEREOF, OR YOUR USE OF THE WEBSITE OR SERVICES (INCLUDING TORT CLAIMS) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES.

The arbitration shall be conducted on an individual basis; class, collective, or representative arbitration is not permitted. The arbitrator's decision 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.

13.3 Class Action Waiver

YOU AND TATTE EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Further, unless both you and Tatte 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.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or any of our services. Tatte reserves the right, in its sole discretion and without notice, to:

• Terminate or suspend your access to all or any part of the Website and services for any or no reason;
• Terminate or suspend your user account;
• Remove or edit any content that you have submitted to the Website;
• Discontinue the Website or any of our services.

Grounds for termination may include, but are not limited to, your violation of these Terms, conduct that Tatte believes is harmful to other users, third parties, or Tatte's business interests, or your engagement in any fraudulent, illegal, or abusive activity.

Upon termination, your right to use the Website and services immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

15. Changes to These Terms

Tatte reserves the right to modify, amend, or update these Terms at any time, in our sole discretion, and without prior notice to you. All changes to these Terms will be effective immediately upon posting the revised Terms to the Website. The "Last Updated" date at the top of this page will reflect the date of the most recent revision.

Your continued access to or use of the Website or any of our services after the revised Terms have been posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Website and services immediately.

We encourage you to review these Terms periodically to ensure that you are aware of any changes. Material changes to these Terms will be communicated to registered users via email or through a prominent notice on the Website.

16. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

In particular, if the class action waiver in Section 13.3 is found to be invalid or unenforceable in a particular case, the arbitration agreement in Section 13.2 shall not apply to that case, and the parties agree that such case shall be resolved by a court of competent jurisdiction.

17. Entire Agreement and Waiver

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

No waiver by Tatte 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 Tatte to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver is only effective if made in writing and signed by a duly authorized representative of Tatte.

18. Force Majeure

Tatte shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in the performance of our obligations under these Terms when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including without limitation: acts of God, natural disasters, epidemics or pandemics, government restrictions or mandates, labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, or acts of war or terrorism. In such events, Tatte will make commercially reasonable efforts to resume performance as soon as practicable.

19. No Agency or Partnership

Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employment, or franchise relationship between you and Tatte. You do not have the authority to make any representations or commitments on behalf of Tatte, and Tatte does not have the authority to make any representations or commitments on your behalf, unless expressly authorized in writing by both parties.

20. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Tatte. Any purported assignment in violation of this provision shall be null and void. Tatte may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

21. Children's Privacy

Our Website and services are not directed to, or intended for use by, children under the age of 13. We do not knowingly collect personal information from children under the age of 13 without verifiable parental consent. If we become aware that we have inadvertently collected personal information from a child under 13 without proper consent, we will take steps to delete that information as soon as possible. If you believe we may have collected information from a child under 13, please contact us immediately at [email protected].

If you are between the ages of 13 and 18, you may use the Website only with the involvement and consent of a parent or legal guardian. We encourage parents and guardians to monitor their children's use of our Website and services.

22. Electronic Communications

By using the Website or submitting your email address to us, you consent to receive electronic communications from Tatte, including operational notices, promotional materials, and other information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions included in our emails or by contacting us at [email protected]. Please note that opting out of marketing communications will not prevent you from receiving transactional or operational communications related to your use of our services.

23. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, your use of the Website, or your rights as a consumer, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries in a timely and professional manner.