Terms of Service

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

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Wings Over ("Company," "we," "us," or "our"), governing your access to and use of the website located at wingsover-food.click (the "Website"), as well as all related food ordering services, features, content, and functionality made available by the Company (collectively, the "Services").

By visiting the Website, creating an account, placing an order, or otherwise interacting with our Services, you represent that:

• You are at least 18 years of age, or are a minor with the consent and supervision of a parent or legal guardian who agrees to these Terms;
• You have the legal capacity to enter into binding contracts under the laws of the United States;
• You are not barred from receiving services under any applicable law;
• All information you provide to us is accurate, complete, and current.

Your continued use of the Website and Services following any posted updates or amendments to these Terms shall constitute your acceptance of those changes.

2. Company Information

The Website and Services are operated by:

3. Description of Services

Wings Over is a food service business that provides customers with access to online food ordering, menu browsing, promotional offers, and related customer services through the Website. Our Services may include, but are not limited to:

• Online Menu Access: Browsing our current menu offerings, pricing, nutritional information (where available), and seasonal or limited-time items;
• Online Ordering: Placing orders for pickup or delivery of food and beverage items;
• Account Management: Creating and managing a user account, saving preferences, and reviewing order history;
• Promotions and Loyalty Programs: Participating in special offers, discount codes, loyalty reward programs, or other promotional campaigns;
• Customer Support: Submitting inquiries, feedback, complaints, or requests through contact forms or email;
• Notifications: Receiving order confirmation emails, updates on order status, and marketing communications (subject to your preferences).

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

Wings Over does not guarantee that all menu items will be available at all times. Availability of certain items may vary based on location, season, time of day, or supply chain factors. We reserve the right to substitute items of equal or greater value when an ordered item is unavailable, with prior notice to the customer where reasonably possible.

4. User Accounts and Registration

Some features of our Services may require you to register for an account. When you register, you agree to:

• Provide accurate, truthful, and complete registration information;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the security and confidentiality of your account password and login credentials;
• 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 other breach of security.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including but not limited to cases where user conduct violates these Terms or applicable law.

5. User Obligations and Prohibited Activities

As a condition of accessing and using our Services, you agree to comply with all applicable federal, state, and local laws of the United States. You further agree that you will not:

5.1 General Prohibited Conduct

• Use the Website or Services for any unlawful purpose or in violation of any applicable law or regulation;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Use another person's account without authorization;
• Provide false, fraudulent, or misleading information in any order, registration, or communication;
• Engage in any form of harassment, abuse, threatening, or discriminatory behavior toward our staff or other users;
• Submit fraudulent orders, disputes, or chargebacks without valid justification.

5.2 Technical Prohibited Conduct

• Attempt to gain unauthorized access to any portion of the Website, its related systems, or networks;
• Use any robot, spider, scraper, data mining tool, data gathering tool, or any other automated means to access or collect data from the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other technologically harmful material;
• Attempt to interfere with the proper working of the Website, including by overloading servers or attempting denial-of-service attacks;
• Circumvent, disable, or otherwise interfere with any security-related features of the Website;
• Reverse-engineer, decompile, or disassemble any software used by the Website.

5.3 Content-Related Prohibited Conduct

• Post, upload, or transmit any content that is defamatory, obscene, offensive, or otherwise objectionable;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website's content or Services without express written permission from the Company;
• Use our trademarks, logos, or other intellectual property without prior written consent;
• Collect or store personal data about other users without their explicit consent.

Violation of any of these prohibitions may result in immediate termination of your access to the Services, and we reserve the right to pursue all available legal remedies, including civil and criminal penalties as provided under the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and other applicable United States federal and state laws.

6. Ordering, Payment, and Refund Terms

6.1 Orders

All orders placed through the Website constitute an offer to purchase food and related items. We reserve the right to accept or decline any order at our sole discretion. Order confirmation does not guarantee fulfillment if, for example, an item becomes unavailable or pricing errors are identified.

By placing an order, you confirm that all information provided — including delivery address, contact information, and payment details — is accurate and complete.

6.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. We reserve the right to change prices at any time without prior notice. Any price changes will not affect orders that have already been accepted and confirmed.

6.3 Payment

Payment for orders must be made at the time of purchase using accepted payment methods as displayed on the Website. By submitting payment information, you represent that you are authorized to use the designated payment method and that the information you provide is accurate. We use industry-standard encryption and secure payment processing to protect your financial information. Wings Over does not store complete credit card numbers on its servers.

6.4 Cancellations and Refunds

Due to the perishable nature of food products, cancellations may only be accepted within a limited window after order placement. Refund eligibility is subject to our Refund Policy, which is incorporated into these Terms by reference. If you received an incorrect or defective order, please contact us at [email protected] within 24 hours of receiving your order. We will review your claim and, where appropriate, offer a replacement, store credit, or refund at our discretion.

7. Intellectual Property Rights

All content, materials, and features available on the Website, including but not limited to text, graphics, logos, images, icons, video clips, audio clips, data compilations, software, and the overall design, selection, and arrangement thereof (collectively, "Content"), are the exclusive property of Wings Over or its licensors and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark laws.

7.1 License to Users

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

• The right to sell, resell, or commercially exploit the Website or its Content;
• The right to collect or use product listings, descriptions, or prices;
• The right to make derivative works, modifications, or adaptations of the Website or its Content;
• The right to download or copy account information for the benefit of another person or entity.

7.2 Trademarks

The name "Wings Over," our logo, and all related marks, trade names, and service marks are trademarks or registered trademarks of Wings Over. You may not use any of our marks without our prior written consent. All other trademarks appearing on the Website are the property of their respective owners.

7.3 User-Submitted Content

If you submit reviews, feedback, photos, or other content to the Website ("User Content"), you grant Wings Over a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, and display such User Content in connection with operating and promoting the Services. You represent that you own or have the necessary rights to grant this license and that your User Content does not infringe any third party's rights.

8. Food Allergen and Dietary Information Disclaimer

Wings Over makes reasonable efforts to provide accurate allergen and nutritional information on its Website and at its locations. However, our food is prepared in kitchens that may handle common allergens including, but not limited to, peanuts, tree nuts, wheat, gluten, dairy, eggs, soy, fish, and shellfish. Cross-contamination is possible, and we cannot guarantee that any item is completely free from any allergen.

If you have severe food allergies or dietary restrictions, please contact us directly before placing an order at [email protected]. You assume full responsibility for any adverse reactions or health consequences arising from consumption of our food products.

9. Disclaimers and "As-Is" Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, THE WEBSITE AND SERVICES 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 WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENTNESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT (15 U.S.C. § 45) AND OTHER APPLICABLE UNITED STATES FEDERAL AND STATE LAWS, WINGS OVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUES, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES;
• ANY LOSS OR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
• ANY ADVERSE HEALTH EFFECTS ARISING FROM CONSUMPTION OF FOOD PRODUCTS WHERE SUCH EFFECTS RESULT FROM FAILURE TO DISCLOSE KNOWN ALLERGIES OR FROM MISUSE OF PRODUCTS.

IN ANY CASE, THE TOTAL CUMULATIVE LIABILITY OF WINGS OVER FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO WINGS OVER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

The limitations above are a fundamental element of the basis of the bargain between you and Wings Over. Some states do not allow certain limitations of liability, so some limitations above may not apply to you.

11. Indemnification

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

• Your access to or use of the Website or Services;
• Your violation of these Terms;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Your violation of any applicable law, regulation, or rule;
• Any User Content you submit to the Website;
• Any misrepresentation you make in connection with 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 these claims. You agree not to settle any matter without our prior written consent.

12. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Wings Over. We provide these links for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services.

Your interactions with third-party websites or services, including payment processors, delivery partners, or social media platforms, are governed solely by the terms and policies of those third parties. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit.

Wings Over shall not be liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any third-party website, content, goods, or services.

13. Privacy Policy

Your use of the Website and Services 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 share information about you in connection with your use of our Services. By using our Services, you consent to the data practices described in our Privacy Policy.

To the extent you are a resident of California, your privacy rights are additionally governed by the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq. Please review our Privacy Policy for specific information regarding your rights as a California consumer.

14. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles that would require application of any other jurisdiction's law.

Any legal action or proceeding arising under or relating to these Terms that is not subject to arbitration as described in Section 15 shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on improper venue or inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) shall not apply to these Terms or to any transactions entered into pursuant to these Terms.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Wings Over at [email protected] and provide a written description of the dispute, including your name, contact information, and the nature and basis of your claim. We will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If we are unable to resolve the dispute informally, either party may proceed to binding arbitration as provided below.

15.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Subject to Section 15.3, you and Wings Over agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes"), through final and binding arbitration, rather than in court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery, and is subject to very limited review by courts.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

15.3 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Additionally, either party may bring individual claims in small claims court if the claims qualify.

15.4 Class Action Waiver

YOU AND WINGS OVER AGREE THAT EACH PARTY 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. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

15.5 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND WINGS OVER EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE COVERED BY THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Website or Services. Wings Over reserves the right, in its sole discretion and without notice or liability, to:

• Terminate or suspend your access to all or part of the Services for any reason, including violation of these Terms;
• Remove or disable access to any content or feature at any time;
• Pursue any other remedies available at law or in equity.

Upon termination, your right to use the Services will immediately cease. Any obligations incurred prior to termination, including outstanding payments, and all provisions of these Terms which by their nature should survive termination — including intellectual property provisions, disclaimers, indemnification, limitations of liability, and dispute resolution — shall survive termination.

You may terminate your account at any time by contacting us at [email protected].

17. Changes to Terms

Wings Over reserves the right, at its sole discretion, to modify, update, or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. We may also provide notice of material changes by:

• Posting a notice on our Website;
• Sending an email to the address associated with your account;
• Displaying a pop-up or banner notification on the Website.

Your continued use of the Website or Services after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our Website and Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any 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 deemed severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by such invalidity or unenforceability.

The parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision held to be invalid, illegal, or unenforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements incorporated herein by reference, constitute the entire agreement between you and Wings Over with respect to your use of the Website and Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between the parties concerning the subject matter hereof.

No waiver by Wings Over of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. No Agency or Partnership

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or fiduciary relationship between you and Wings Over. You do not have authority to bind Wings Over in any way, and Wings Over does not have authority to bind you beyond the terms of these Terms.

21. Force Majeure

Wings Over shall not be liable for any failure or delay in performance under these Terms that results from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, government restrictions, labor disputes or strikes, power outages, internet service disruptions, supply chain failures, acts of terrorism, or any other event of force majeure. In the event of such circumstances, Wings Over will use commercially reasonable efforts to minimize the impact on our Services and notify affected users as soon as reasonably practicable.

22. Accessibility

Wings Over is committed to ensuring that its Website and Services are accessible to all users, including individuals with disabilities, consistent with the standards set forth in the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and applicable Web Content Accessibility Guidelines (WCAG). If you experience accessibility issues while using our Website, please contact us at [email protected] and we will make reasonable efforts to address your concerns.

23. Electronic Communications and Consent

By using our Services or communicating with us electronically, you consent to receive communications from Wings Over electronically. We may communicate with you by email, through the Website, or via other digital means. You agree that all notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

If you have opted in to receive marketing communications, you may unsubscribe at any time by following the unsubscribe instructions included in each communication or by contacting us at [email protected]. Transactional communications related to your orders and account will still be sent regardless of your marketing preferences.

24. Children's Privacy

The Website and Services are not directed to children under the age of 13. We do not knowingly collect, use, or disclose personal information from children under 13 years of age, consistent with the requirements of the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq. If we learn that we have inadvertently collected personal information from a child under 13, we will promptly take steps to delete such information. If you believe that we may have collected personal information from a child under 13, please contact us at [email protected].

25. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, your rights, or your interactions with Wings Over, please contact us using the information below: