Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at eat-wingsover.rest (the "Site") or any services offered by Wings Over ("Company," "we," "us," or "our"). By accessing the Site, placing an order, creating an account, or otherwise engaging with our services, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site and our services.

1. Acceptance of Terms

These Terms of Service constitute a legally binding contract between you and Wings Over. By using this Site or our food services in any capacity, you represent and warrant that:

• You are at least 18 years of age, or if you are a minor, you have obtained verifiable parental or legal guardian consent;
• You have the legal authority to enter into this Agreement on behalf of yourself or any entity you represent;
• You will comply with all applicable federal, state, and local laws, rules, and regulations in connection with your use of the Site and services;
• All information you provide to us is accurate, current, and complete;
• You are not prohibited by any applicable law from receiving or using our services.

Your continued use of the Site after any modification to these Terms shall constitute your acceptance of the updated Terms. We reserve the right to update or revise these Terms at any time, and such changes become effective upon posting to the Site.

2. Description of Services

Wings Over is a food service business operating in the United States. We offer a variety of food products and related services through our website at eat-wingsover.rest. Our services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for food items through our website or affiliated ordering platforms;
• Delivery Services: We may offer delivery of food items to eligible addresses within our designated service area, subject to availability, delivery fees, and applicable minimums;
• Pickup Services: Customers may order food online and pick up their orders at our designated location(s);
• Catering and Group Orders: We may offer catering services for events and large group orders, subject to advance notice requirements and separate agreements;
• Promotional Offers: From time to time, we may offer discounts, coupons, loyalty rewards, or other promotional benefits, which are subject to their own terms and conditions;
• Informational Content: We provide nutritional information, allergen disclosures, and other food-related content on our Site for informational purposes only.

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

All food items are subject to availability. Menu items, prices, ingredients, and availability may change without prior notice. We do not guarantee that any specific menu item will be available at any given time. Images of food items displayed on the Site are for illustrative purposes only and may not exactly represent the actual product you receive.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site and our services, you agree to:

• Provide accurate, truthful, and complete information when creating an account or placing an order;
• Maintain the confidentiality and security of any account credentials, passwords, or login information;
• Notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account;
• Use the Site and services solely for lawful, personal, non-commercial purposes, unless explicitly authorized in writing by us;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances, including those governing online transactions and food purchases;
• Ensure that any delivery address provided is accurate and that a qualified adult is present to receive food orders;
• Pay all applicable charges, fees, taxes, and gratuities associated with your orders in a timely manner.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities in connection with your use of the Site or our services:

• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Using the Site or services for any fraudulent, unlawful, or unauthorized purpose;
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or computer systems connected to the Site;
• Introducing viruses, malware, spyware, ransomware, or any other harmful or disruptive code into the Site or our systems;
• Harvesting, scraping, or collecting user data or any content from the Site without our express written permission;
• Using automated bots, scripts, or other automated means to access or interact with the Site;
• Interfering with or disrupting the integrity, performance, or security of the Site or any associated networks;
• Engaging in any conduct that could disable, overburden, damage, or impair the Site or servers;
• Posting, transmitting, or distributing any defamatory, obscene, offensive, harassing, or otherwise objectionable content;
• Placing fraudulent or fictitious orders, including orders you do not intend to pay for or receive;
• Circumventing or attempting to circumvent any technological security measures implemented by Wings Over;
• Reselling, redistributing, or commercially exploiting any portion of the Site or our services without our prior written consent;
• Using our services in any manner that violates the rights of any third party, including intellectual property rights, privacy rights, or publicity rights;
• Engaging in price manipulation, coupon fraud, loyalty points fraud, or any other deceptive practices in connection with our promotional programs.

We reserve the right to investigate any suspected violation of these Terms and to take any action we deem appropriate, including suspending or terminating your account, canceling orders, and reporting violations to applicable law enforcement authorities.

4. Intellectual Property Rights

The Site and all content, features, and functionality therein — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design, layout, and appearance of the Site — are the exclusive property of Wings Over and/or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

You acknowledge and agree that:

• All trademarks, service marks, logos, and trade names displayed on the Site are proprietary to Wings Over or their respective third-party owners;
• You may not use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, or display any content from the Site without our prior express written permission;
• Unauthorized use of any intellectual property belonging to Wings Over may give rise to a claim for damages and/or constitute a criminal offense under applicable law;
• You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for the purpose of utilizing our food services in accordance with these Terms;
• Nothing in these Terms shall be construed as conferring upon you any license or right under any patent, trademark, copyright, or other intellectual property right of Wings Over, except as expressly set forth herein.

Any feedback, suggestions, ideas, or other submissions you provide to us regarding the Site or our services ("Feedback") shall be deemed non-confidential, and we shall be free to use such Feedback without restriction or compensation to you.

5. Payment Terms

5.1 Pricing and Charges

All prices listed on the Site are in U.S. dollars (USD) and are subject to change without prior notice. You agree to pay all charges associated with your orders, including the cost of food items, applicable sales taxes, delivery fees, service fees, and any other charges disclosed at the time of purchase.

5.2 Payment Methods

We accept various payment methods as indicated on the Site at the time of checkout. By submitting a payment, you represent and warrant that you are authorized to use the payment method provided and that all payment information is accurate and complete. We reserve the right to refuse or cancel orders if fraud or an unauthorized transaction is suspected.

5.3 Sales Tax

We are required to collect applicable sales tax on orders in accordance with federal and state tax laws, including those of the state in which services are rendered. The applicable sales tax will be calculated and displayed at checkout prior to order confirmation.

5.4 Refunds and Cancellations

Orders may be subject to cancellation fees or may not be cancelable once food preparation has commenced. Refund eligibility will be determined on a case-by-case basis at our sole discretion. If you believe you have received an incorrect, incomplete, or unsatisfactory order, please contact us within 24 hours of receipt at [email protected]. We are committed to resolving all legitimate concerns in good faith.

5.5 Chargebacks and Disputes

If you initiate a chargeback or payment dispute with your financial institution without first contacting us in good faith to resolve the issue, we reserve the right to suspend your account, dispute the chargeback, and pursue recovery of any amounts owed to us, including associated fees and costs.

6. Allergen and Dietary Information

We make reasonable efforts to provide accurate allergen and nutritional information on our Site. However, we cannot guarantee that our food items are free from any specific allergen, as our products may be prepared in shared facilities or using shared equipment. Customers with food allergies, intolerances, or specific dietary requirements should contact us directly before placing an order to discuss their needs. Wings Over shall not be liable for any allergic reaction, adverse health effect, or injury resulting from the consumption of our food products.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINGS OVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, business, or goodwill;
• Personal injury or property damage resulting from your access to or use of our services;
• Unauthorized access to or alteration of your data or transmissions;
• Statements or conduct of any third party on or through the Site;
• Errors, inaccuracies, or omissions in any content or information on the Site;
• Any matters beyond our reasonable control.

IN NO EVENT SHALL WINGS OVER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO WINGS OVER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability shall be limited to the greatest extent permitted by applicable law.

8. Disclaimers

8.1 As-Is Basis

THE SITE AND ALL SERVICES PROVIDED BY WINGS OVER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, 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 AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED.

8.2 Third-Party Services

Our Site may contain links to third-party websites, services, or platforms (such as delivery partners or payment processors). These links are provided solely for your convenience. Wings Over does not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your interactions with third parties are solely between you and those parties, and we strongly encourage you to review their terms and privacy policies.

8.3 No Professional Advice

Nothing on the Site constitutes medical, nutritional, dietary, or any other form of professional advice. Any nutritional or allergen information is provided for general informational purposes only and should not be relied upon as a substitute for consultation with a qualified healthcare professional.

9. Indemnification

You agree to defend, indemnify, and hold harmless Wings Over, its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) that arise out of or relate to:

• Your use of or access to the Site or our services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Your violation of the rights of any third party, including intellectual property rights, privacy rights, or consumer protection rights;
• Any content or information you submit, post, or transmit through the Site;
• Your negligence, willful misconduct, or fraudulent activity.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims. You agree not to settle any matter subject to indemnification without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Wings Over is registered and principally operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the federal or state courts of competent jurisdiction located within the applicable state of Wings Over's principal place of business. You hereby irrevocably 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 are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts and practices in commerce. Where applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) may apply to residents of California in relation to the collection and use of personal information.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Wings Over in writing at [email protected] and provide a detailed description of your dispute, including the relief sought. Both parties agree to make a good-faith effort to resolve the dispute informally within thirty (30) days of the date the notice is received. This informal dispute resolution process is a prerequisite to initiating any arbitration or litigation.

11.2 Binding Arbitration

If the parties cannot resolve the dispute through informal means within the specified period, any unresolved dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association ("AAA") or JAMS, as mutually agreed upon by the parties. The arbitration shall be conducted in the English language, and the arbitrator's decision shall be final and binding on both parties.

The arbitration shall take place in the state in which Wings Over is principally located, or, at the User's election, may be conducted via telephone or videoconference if the amount in dispute is less than ten thousand U.S. dollars ($10,000.00). The costs of arbitration shall be allocated in accordance with the applicable arbitration rules.

11.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST WINGS OVER. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Exceptions

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 intellectual property rights, confidentiality obligations, or other proprietary rights.

12. Term and Termination

12.1 Term

These Terms of Service shall remain in full force and effect for so long as you use the Site or our services, or until terminated in accordance with this Section.

12.2 Termination by You

You may terminate your use of the Site and any account you have created at any time by ceasing to access and use the Site and, if applicable, by contacting us to request the closure of your account. Termination of your account does not relieve you of any obligations incurred prior to the date of termination.

12.3 Termination by Wings Over

We reserve the right, at our sole discretion and without prior notice or liability, to suspend or permanently terminate your access to the Site and services for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Actions that harm other users, third parties, or the integrity of our services;
• Our decision to discontinue or materially alter any aspect of the Site or services.

12.4 Effect of Termination

Upon termination of these Terms or your account, all licenses and rights granted to you under these Terms shall immediately cease. Provisions that by their nature should survive termination — including, without limitation, intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — shall survive any termination or expiration of these Terms.

13. Changes to Terms

Wings Over reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice such as posting a prominent notice on the Site or sending an email notification to registered users.

It is your responsibility to periodically review these Terms for any changes. Your continued use of the Site or our services following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of the Site and our services.

We encourage you to bookmark this page and review these Terms regularly to stay informed of any changes that may affect your rights and obligations.

14. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information in connection with your use of the Site and our services. By using the Site, you consent to the data practices described in our Privacy Policy. We encourage you to review our Privacy Policy, which is available on the Site.

For users who are residents of California, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are further described in our Privacy Policy.

15. Force Majeure

Wings Over shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, acts of terrorism, war, civil unrest, fire, flood, storm, governmental actions, labor disputes, power outages, internet or telecommunications failures, or supply chain disruptions ("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. We will make reasonable efforts to notify you of any Force Majeure Event affecting our services.

16. 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 subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and our services.

No failure or delay by Wings Over in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any provision of these Terms shall be effective unless it is in writing and signed by an authorized representative of Wings Over.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect with the maximum lawful effect. The parties agree that a court or arbitrator may modify any invalid or unenforceable provision to make it valid and enforceable to the greatest extent permitted by applicable law, consistent with the original intent of the parties.

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

18. No Third-Party Beneficiaries

These Terms of Service are intended solely for the benefit of you and Wings Over. Nothing in these Terms shall be construed to create any rights in, or confer any benefits upon, any third party. No third party shall have any right to enforce any provision of these Terms.

19. Electronic Communications

By using the Site or communicating with us by email, you consent to receiving electronic communications from Wings Over. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any electronic signature or indication of acceptance you provide shall have the same legal effect as a handwritten signature.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to exercise any rights available to you under applicable law, please contact us using the information below:

We aim to respond to all inquiries within five (5) business days. For urgent matters relating to food safety or order issues, please contact us by email for the most prompt response.

These Terms of Service were last updated on June 21, 2026 and are effective as of that date.