Terms of Service

These terms of service (“Terms of Service”) govern the provision of the Services (as defined below) by Eataly Caffe LLC and Eataly Net USA LLC having an address at 43West 23rd Street New York, NY 10010 (“Eataly” or “we”) through the application Eataly Caffè (the “Application”) to users of the Application (“user” or “you”).

By clicking on the “I Accept” button, completing the registration process by creating an Account (as defined below), accessing the Application, or otherwise accessing or using any of the Services, you expressly accept the Application Policies (as defined below), and Eataly’s provision of the Services is expressly conditioned on your acceptance of the Application Policies.

1. Eligibility

The Services shall only be used, and the Application shall only be accessed for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old.  By accessing, browsing or using the Application and/or using the Services, you represent and warrant that you are of legal age to form a binding contract with Eataly and, in any event, at least eighteen (18) years of age.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE APPLICATION OR ANY OF THE SERVICES.

2. Services

The Services consist of all of the products and services accessible via the Application, or otherwise made available by us, for purposes of allowing our users to order coffee, pastries, beverages, baked goods, salads, desserts, sandwiches, pizza and QSR/grab and go items (collectively, “Products”) for pick up at one of Eataly’s U.S. store locations as selected by user and, when a user joins our loyalty program, to earn points with each order made on the Application (collectively, the “Services”).  Each order of Products submitted through the Application is subject to our Terms of Sale.

Third Party Products

The Services may integrate access to or aspects of Third-Party Products. For purposes of these Terms of Service, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products. For the purposes of these Terms of Service, “Third-Party Products” means any products, content, services, information, websites, integrations, or other materials that are owned by third parties and are incorporated into or accessible through the Services.

3. Account

In order to access the Services, you shall be required to register an account with Eataly through the Application (“Account”).  For registering an Account, you must provide your name, email address, date of birth, phone number, ZIP code, and choose a password.  In registering your Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You are responsible for all activities that occur under your Account.  You agree that you shall monitor your Account to restrict use by any other persons, including minors, and you will accept full responsibility for any such unauthorized use. You agree to notify Eataly immediately of any unauthorized use of or access to your Account or any other breach of security.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Eataly has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Eataly has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You may establish only one (1) Account per person to participate in the Services, and should Eataly discover that you have opened more than one (1) Account per person, in addition to any other rights that Eataly may have, Eataly reserves the right to suspend or terminate any or all of your Accounts.

Eataly reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Services if you have been previously removed by Eataly, or if you have been previously banned from any of the Services.  We reserve the right to deny or rescind any username, in our sole discretion, that we determine to be vulgar, demeaning, obscene, illegal, or claims the identity of another person other than you.  Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Eataly.

4. Prohibited Uses of the Services

Unless otherwise permitted under these Terms of Service, you may not: (a) use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms of Service or the present Section, or is otherwise threatening, fraudulent, or harmful in any way; (b) use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services; (c) use or attempt to use another user’s account or information without authorization from that user and us; (d) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (e) reverse engineer any aspect of the Services, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof, or bypass or circumvent (i) measures employed to prevent or limit access to or use of any part of the Services or (ii) restrictions aimed at deterring or preventing uses of the Services that violate this Section; (f) develop or use any applications or software that interact with the Services without our authorization (such as through our APIs); (g) use any part of the Services to research and develop products, models and services that compete with Eataly; (h) use any part of the Services as input for any machine learning or artificial intelligence technology that is not provided by us; (i) use any part of the Services as part of a dataset that may be used for training, fine-tuning, developing, testing or improving any machine learning or artificial intelligence technology; (j) copy the Application, or use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application; (k) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application or service; (l) use any illustrations, photographs, video or audio sequences, or any graphics provided in the Application other than for purposes of using the Services in accordance herewith; (m) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Application; (n) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (o) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (p) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

5. Payment Methods

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of the selected Product(s) or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”) and to share payment information and instructions required to complete the payment transactions between Eataly, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).  If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled.  You must resolve any payment method problems before we proceed with your Order.  If you want to change or update your payment method information, you can do so at any time by logging into your Account.  If a payment is not successfully settled and you do not edit your payment method information or cancel your Account, you remain responsible for any uncollected amounts.

All prices shown on the Application are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Application.  Prices, taxes or other fees may vary geographically.

All payments made through the Application are secure; for more information on Eataly secure collection of your payment information, please visit our Privacy Policy (“Privacy Policy”).  Your Order is confirmed when we send you a confirmation, in the form of a confirmation page or email, if you have consented to receiving receipts by email.

6. Changes to the Services

We may change or discontinue all or any part of the Services at any time and without notice, at our sole discretion.

7. License and Proprietary Rights

Subject to your acceptance and compliance of these Terms of Service, including payment of all applicable fees, Eataly grants you a personal, nonsublicensable, nonexclusive, nontransferable, limited license, solely for so long as you have a valid Account, as applicable, and subject to the applicable usage limits of any other restrictions specified on the Application, as may be described more fully on the Application, as amended from time to time, to access and use the Services over the internet, solely for your internal, personal, non-commercial purposes and in accordance with the terms of these Terms of Service.  You acknowledge and agree that you will comply with all laws, rules, and regulations applicable to the use of the Services.

These Terms of Service do not transfer any right, title or interest in any intellectual property right to you, except as expressly set forth in these Terms of Service.  Eataly or its licensors shall own and retain all rights, title and interest in and to (a) any text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (b) the Application and the Services (including, without limitation, the Premium Features); and (c) any and all modifications, enhancements and updates to the items listed in clause (a) and (b). There are no implied rights. Eataly reserves all rights not expressly granted herein.  You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Services, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) (all of the foregoing, collectively, “Feedback”) may be used by Eataly without compensation or attribution to you, and you hereby grant to Eataly, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for Eataly to use for any purpose. 

8. Termination

Notwithstanding anything contained in these Terms of Service, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Application or the Services, and to create an Account, at any time and for any or no reason, including, without limitation, any violation of these Terms of Service.  If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of these Terms of Service, or if Eataly is required to do so by law, we have the right to, immediately and without notice, suspend or terminate any Services provided to you.  You agree that all terminations for cause shall be made in Eataly’s sole discretion and that Eataly shall not be liable to you or any third party for any termination of your Account.  If your registration(s) with or ability to access the Services is discontinued by Eataly due to your violation of any portion of these Terms of Service, you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated.

Upon termination of these Terms of Service, or suspension or deletion of your Account, the rights and licenses granted to you under hereunder immediately terminate and you shall cease using the Services (or any portion thereof).  All provisions of these Terms of Service which by their nature should survive, shall survive termination or suspension of the Services, including without limitation, ownership, confidentiality, and indemnification provisions, warranty disclaimers, and limitation of liability.

9. Confidentiality

“Confidential Information” means all trade secrets, know-how, inventions, developments, software and other financial, business or technical information disclosed by or for Eataly in relation to these Terms of Service (if any). Confidential Information does not include any information you can demonstrate is (a) already known by you without restriction, (b) rightfully furnished to you without restriction by a third party not in breach of any obligation, (c) generally available to the public without breach of these Terms of Service, or (d) independently developed by you without reliance on such Confidential Information.

Except for the specific rights granted by these Terms of Service, you shall not access, use or disclose any of Eataly’s Confidential Information without our prior written consent, and you shall use at least the standard of care used to protect your own Confidential Information, but not less than a reasonable standard of care. Without limiting anything herein, the Services features and Product information are owned by and are Confidential Information of Eataly, and you shall not use any such Confidential Information to create any service, software, documentation or data that is similar to any aspect of the Application or the Services. Promptly after any expiration or termination of these Terms of Service (or at Eataly’s request at any other time), you shall return all Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records and materials developed therefrom.

11. Indemnity

You hereby agree to indemnify, defend, and hold Eataly, and its licensors, affiliates and subsidiaries, and each of their respective officers, directors, agents, partners, employees, contractors and consultants harmless from and against any and all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses, including without limitation attorney’s fees, arising out of (i) your use of or conduct in connection with the Services, including without limitation breach of any representation, warranty or other obligation made herein; (ii) disputes between you and third parties in connection with the Application or the Services; (iii) negligence or willful misconduct; (iv) the Content or Feedback; (v) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (vi) your conduct in connection with the Services or the Content.

12.  Warranty Disclaimer and Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE USE OF THE SERVICES. AS SUCH, THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE,” AND EATALY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS INTEGRATED THEREIN, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EATALY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED.

NEITHER EATALY NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH THE USER.  WITHOUT LIMITING THE FOREGOING, EATALY OR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE APPLICATION, THE SERVER SUPPORTING THE APPLICATION, OR E-MAILS SENT FROM EATALY WILL BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE APPLICATION WILL OPERATE WITHOUT INTERRUPTION OR ERROR. USER ACKNOWLEDGES THAT EATALY DOES NOT GUARANTEE THE ACCURACY OF DATA CAPTURED THROUGH ITS APPLICATION. EATALY IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM THE CAPTURE, ANALYSIS, OR INTEGRITY OF SUCH DATA UNDER ANY CIRCUMSTANCES.  USER ACKNOWLEDGES THAT EATALY IS NOT RESPONSIBLE IN ANY WAY FOR MAINTAINING, SECURING, UPDATING, CHARGING OR REPLACING HARDWARE, OR COMPONENTS OF HARDWARE. USER ACKNOWLEDGES THAT EATALY IS NOT RESPONSIBLE IN ANY WAY FOR FIRE, THEFT, LOSS, DAMAGE OR ANY LIABILITIES ARISING FROM THE HARDWARE USED BY USER TO ACCESS OR USE THE APPLICATION.

Notwithstanding anything to the contrary CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, in no event will EATALY OR ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) be liable to you or any third party for any LOSS, DAMAGE OR CLAIM FOR ANY indirect, special, incidental, punitive, EXEMPLARY or consequential DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, even if forseaeable, whether based on contract, tort, negligence, STRICT LIABILITY or any other legal theory. ADDITIONALLY, IN NO EVENT SHALL EATALY BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APPLICATION, THE SERVICES, OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS OF SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM EATALY, OR FROM EVENTS BEYOND EATALY’S REASONABLE CONTROL, SUCH AS APPLICATION INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE).

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT EATALY IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES (OR ANY PORTION THEREOF) OR THE APPLICATION, EATALY’S LIABILITY SHALL BE STRICTLY LIMITED TO THE GREATER OF: (I) ONE HUNDRED U.S. DOLLARS ($100); OR (II) THE TOTAL MONTHLY PRICE YOU PAID FOR THE SERVICES (IF ANY) DURING THE MONTH PRECEDING THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HAVE BEEN MADE AWARE OF, HAVE READ, AND UNDERSTAND THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 

YOU EXPRESSLY, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS, BENEFITS, AND PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542 AND OF ANY OTHER APPLICABLE STATE OR FEDERAL STATUTE, COURT DECISION, OR COMMON LAW PRINCIPLE LIMITING THE SCOPE OR EFFECT OF THIS RELEASE.  YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT YOU HAD THE OPPORTUNITY TO DISCUSS THE MEANING, LEGAL EFFECT, AND IMPORT OF THIS RELEASE WITH LEGAL COUNSEL OF YOUR CHOOSING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

13. Eataly Communications

By entering into these Terms of Service or using the Services, you agree to receive communications from us, including via e-mail, in-app message and push notifications Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Eataly and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.  YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES. 

14. Customer Service

Eataly’s customer service department is available for all inquiries regarding the Application, the Services, Orders, purchases, complaints, requests for information and, more generally, these Terms of Service by writing to customerservice@eataly.com or calling 212-539-0833.

15. Force Majeure

Eataly shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, acts of civil or military authorities, floods, accidents, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, shortages, failure of any party to perform any contract with Eataly related to the provision of the Services, delay, interruption or suspension of sporting events, blackouts or governmental laws, regulations, orders or actions.

16. Application Policies

For any other legal information concerning your access to, use of, or the way the Application or the Services may use and collect your personal information, please read the Privacy Policy and Terms of Sale (together with these Terms of Service, collectively, the “Application Policies”).

Eataly reserves the right to amend any portion of the Application Policies at any time and without prior notice to you; as such, please make sure you review the current Application Policies prior to making a purchase on the Application or using the Services.  Any amendments or updates to any Application Policies shall be effective upon publication in their respective sections of the Application.

17.  Miscellaneous

These Terms of Service and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules.  User expressly: (i) agrees that exclusive jurisdiction for resolving any claim or dispute with Eataly relating in any way to use of the Application resides in the State of New York; (ii) agrees and consents to the exclusive personal jurisdiction and venue of the courts located in the State of New York for any cause of action relating to or arising under this Agreement; and (iii) waives any right to a jury trial in any legal proceeding against Eataly.

These Terms of Service, together with the other Application Policies, shall constitute the entire agreement between you and Eataly. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Application Policies.  The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.

Effective Date: March 26, 2025