Terms of Service

Effective Date: June 29, 2026  |  Last Updated: June 29, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Marcos ("Marcos," "we," "us," or "our"), governing your access to and use of the website located at marcosdelivery.click (the "Site"), as well as any related mobile applications, platforms, services, features, content, or applications offered by Marcos (collectively, the "Services").

By accessing the Site, placing an order, creating an account, or otherwise using our Services, you expressly agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately cease all use of our Services and discontinue access to the Site.

These Terms apply to all visitors, users, customers, and others who access or use our Services. Your continued use of the Services following any modifications to these Terms shall constitute your acceptance of such changes.

If you are using our Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "you" or "your" shall refer to that entity. If you do not have such authority, you must not accept these Terms or use our Services on behalf of such entity.

2. Description of Services

Marcos is a food delivery and ordering platform that connects customers with food providers, restaurants, and culinary establishments within the United States. Our Services include, but are not limited to:

• Online Food Ordering: The ability to browse menus, select items, and place food orders through our digital platform at marcosdelivery.click.
• Food Delivery: Coordination and facilitation of delivery services from participating restaurants and food establishments to customer-specified delivery addresses.
• Account Management: Creation and management of user profiles, order history, saved payment methods, and delivery preferences.
• Customer Support: Assistance with orders, deliveries, billing inquiries, and general platform support.
• Promotional Offers: Access to discounts, promotional codes, loyalty programs, and special offers from time to time.
• Real-Time Order Tracking: Where available, the ability to monitor the status and estimated delivery time of your orders.

Marcos reserves the right, at its sole discretion, to modify, suspend, discontinue, or restrict access to any portion of the Services at any time, with or without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

The availability of specific menu items, restaurants, and delivery zones may vary based on your geographic location, time of day, and other operational factors. Marcos does not guarantee the availability of any particular restaurant, menu item, or delivery service at any given time.

3. Eligibility and User Accounts

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater;
• Have the legal capacity to enter into a binding contract under applicable law;
• Not be prohibited from using the Services under any applicable laws, rules, or regulations of the United States or your jurisdiction;
• Provide accurate, current, and complete information during the registration and ordering process.

When creating an account with Marcos, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You are fully responsible for all activities that occur under your account, whether or not authorized by you.

You agree to immediately notify Marcos at [email protected] of any unauthorized use of your account or any other breach of security. Marcos shall not be liable for any loss or damage arising from your failure to protect your account credentials.

Marcos reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion, including but not limited to if we reasonably believe that a user has violated these Terms.

4. User Obligations and Prohibited Activities

As a user of our Services, you agree to use the platform solely for lawful purposes and in a manner consistent with these Terms. You bear full responsibility for your conduct and any content you submit, post, or transmit through our Services.

4.1 User Obligations

You agree to:

• Provide accurate delivery addresses, contact information, and payment details;
• Be present at the delivery location or make adequate arrangements for receipt of your order;
• Treat delivery personnel and customer service representatives with respect and courtesy;
• Promptly report any issues with your order through the appropriate customer support channels;
• Comply with all applicable local, state, and federal laws in connection with your use of the Services;
• Use the Services only for personal, non-commercial purposes unless expressly authorized by Marcos in writing.

4.2 Prohibited Activities

You agree NOT to engage in any of the following activities:

• Using the Services for any fraudulent, deceptive, or illegal purpose;
• Placing false, fictitious, or fraudulent orders;
• Providing false personal information, delivery addresses, or payment information;
• Attempting to gain unauthorized access to any portion of the Services or related systems;
• Interfering with or disrupting the integrity or performance of the Services or the servers or networks connected to the Services;
• Using any automated means, robots, scrapers, data mining tools, or similar mechanisms to access or collect data from the Services without our prior written consent;
• Reverse engineering, decompiling, disassembling, or attempting to derive the source code of any software component of the Services;
• Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
• Exploiting any promotional offers, discounts, or loyalty programs in bad faith or in a manner not intended by Marcos;
• Engaging in any conduct that restricts or inhibits any other person's use or enjoyment of the Services;
• Violating any applicable federal, state, or local laws, regulations, or ordinances;
• Reselling, sublicensing, or commercially exploiting the Services without express written permission from Marcos.

Violation of these prohibitions may result in immediate termination of your account, denial of access to the Services, and potential legal action.

5. Orders, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through the Marcos platform, you are making an offer to purchase the specified food items from the relevant food establishment. Your order is confirmed when you receive an order confirmation from Marcos. Marcos reserves the right to refuse or cancel any order at any time for reasons including but not limited to unavailability of items, inaccuracies in pricing or product information, or suspected fraudulent activity.

5.2 Pricing

All prices displayed on the Marcos platform are in United States Dollars (USD) and are inclusive of applicable service fees unless otherwise stated. Prices are subject to change without prior notice. You agree to pay the price displayed at the time your order is confirmed, which may include:

• Food item costs as listed by the restaurant or food provider;
• Delivery fees, which may vary based on distance, time, and demand;
• Service fees charged by Marcos for platform use;
• Applicable sales taxes as required by federal, state, and local law;
• Any applicable tips or gratuities at your discretion.

5.3 Payment Processing

Marcos accepts various forms of payment, including major credit cards, debit cards, and other payment methods as displayed on the platform. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Marcos to charge the applicable amounts to your payment method.

All payment transactions are processed through secure third-party payment processors. Marcos does not store complete credit card or banking information on its servers. By using our Services, you consent to the processing of your payment information in accordance with our Privacy Policy.

5.4 Refunds and Cancellations

Cancellation and refund policies are subject to the specific circumstances of each order. Once an order has been confirmed and preparation has begun, cancellations may not be possible. If you experience issues with your order, including incorrect items, missing items, or quality concerns, please contact us at [email protected] within a reasonable time of receiving your order. Marcos will review each refund or credit request on a case-by-case basis.

6. Intellectual Property Rights

The Services and all content, features, and functionality thereof — including but not limited to all information, software, text, displays, images, video, audio, design, logos, trademarks, service marks, trade names, and the selection and arrangement thereof — are owned by Marcos, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in or to the Services or any content therein. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.

You agree not to:

• Copy, reproduce, republish, upload, post, transmit, or distribute any part of the Services without prior written consent;
• Modify or create derivative works based on the Services or its content;
• Use any Marcos trademarks, logos, or brand elements without express written permission;
• Remove or alter any copyright, trademark, or other proprietary notices from materials found on the Services.

Any feedback, suggestions, ideas, or other submissions you provide to Marcos regarding the Services ("Feedback") are provided on a non-confidential basis. By providing Feedback, you grant Marcos a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our Services without any obligation to compensate you.

7. Disclaimers and "As-Is" Basis

THE SERVICES 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 APPLICABLE LAW, MARCOS 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, completeness, or timeliness of any content, information, or materials available through the Services;
• Any warranties that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis;
• Any warranties regarding the quality, safety, accuracy, or legality of any food products ordered through the platform;
• Any warranties regarding the accuracy of menu descriptions, allergen information, or nutritional content provided by restaurants or food establishments.

Marcos does not warrant or represent that food products ordered through the platform are free from allergens, contaminants, or substances that may cause allergic reactions or other health issues. You are solely responsible for reviewing allergen and ingredient information with the relevant food establishment before placing your order.

Any reliance on information or materials provided through the Services is at your own risk. Marcos does not endorse, recommend, or make any representations about the quality, accuracy, safety, or legality of any food products, restaurants, or third-party services featured on the platform.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ANY APPLICABLE STATE CONSUMER PROTECTION LAWS, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MARCOS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

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, Marcos's liability shall be limited to the fullest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or relating to:

• Your access to or use of the Services;
• Your violation of any provision of these Terms;
• Your violation of any third-party rights, including but not limited to privacy rights, intellectual property rights, or contractual rights;
• Your violation of any applicable federal, state, or local laws, regulations, or ordinances;
• Any content or information you submit, post, or transmit through the Services;
• Your negligent or wrongful conduct;
• Any dispute between you and any other user of the Services or any third party;
• Any misrepresentation made by you in connection with your use of the Services.

Marcos reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you agree to cooperate fully with Marcos in asserting any available defenses and to not settle any such matter without the prior written consent of Marcos.

10. Third-Party Links and Services

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Marcos. These links are provided for your convenience and reference only. Marcos has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Your interactions with third-party restaurants, food establishments, payment processors, and delivery service providers are subject to those parties' own terms, conditions, and privacy policies. Marcos makes no representations or warranties regarding any third-party products, services, or content.

We strongly encourage you to review the privacy policies and terms of service of any third-party services you access through or in connection with our platform.

11. Privacy and Data Protection

Your privacy is important to us. The collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy.

Marcos complies with applicable United States privacy laws and regulations, including but not limited to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive acts or practices in connection with data privacy. For California residents, additional rights and disclosures apply as set forth in our Privacy Policy.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Marcos operates, without regard to conflict of law principles.

Subject to the dispute resolution provisions below, you agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the federal or state courts located within the United States, and you irrevocably consent to the personal jurisdiction of such courts. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or to any transactions conducted through the Services.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting Marcos at [email protected]. Both parties agree to negotiate in good faith to resolve the dispute within thirty (30) calendar days of the initial notice. If the dispute is not resolved within this period, either party may pursue formal dispute resolution as described below.

13.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND MARCOS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO HAVE YOUR CLAIMS DECIDED BY A JUDGE OR JURY.

The arbitration shall be conducted by a recognized arbitration organization under its applicable rules. The arbitrator shall have authority to grant any remedy or relief that a court of competent jurisdiction could grant. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND MARCOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. This means that you may not participate in any class action lawsuit against Marcos.

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court, provided the matter remains in small claims court and proceeds only on an individual (non-class) basis.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Services. Marcos reserves the right, in its sole discretion, to:

• Suspend or terminate your account and access to the Services at any time and for any reason, including but not limited to violation of these Terms;
• Discontinue the Services or any portion thereof at any time with or without prior notice;
• Deny access to specific features or functionalities of the Services.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

Upon termination of your account or access to the Services for any reason, the following provisions shall survive: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

15. Changes to Terms

Marcos reserves the right to modify, update, or revise these Terms at any time, at its sole discretion. When we make material changes to these Terms, we will provide notice through one or more of the following methods:

• Posting the updated Terms on the Site at marcosdelivery.click with a revised "Last Updated" date;
• Sending an email notification to the email address associated with your account;
• Displaying a prominent notice within the Services.

Changes to these Terms shall become effective upon posting to the Site unless otherwise specified. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately cease using the Services and, if applicable, deactivate your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at marcosdelivery.click.

16. Force Majeure

Marcos shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, civil unrest, strikes, labor disputes, power outages, internet service disruptions, terrorism, fire, flood, or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, Marcos shall be excused from performance of its obligations for the duration of such event. We will use commercially reasonable efforts to resume performance as soon as practicable following the cessation of the Force Majeure Event.

17. Entire Agreement and Severability

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements published by Marcos on the Site, constitute the entire agreement between you and Marcos with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the Services.

17.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

17.3 Waiver

No failure or delay by Marcos in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver by Marcos of a breach of any provision of these Terms shall not be deemed a waiver of any subsequent breach of the same or any other provision.

18. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Marcos. Any attempt to assign these Terms without such consent shall be null and void. Marcos may assign or transfer these Terms, in whole or in part, at any time without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

19. Electronic Communications

By using our Services, you consent to receiving electronic communications from Marcos, including but not limited to order confirmations, receipts, promotional offers, service updates, and legal notices. You agree that any notices, agreements, disclosures, or other communications that Marcos sends to you electronically will satisfy any legal communication requirements, including requirements that such communications be in writing.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to contact us for any reason related to your use of the Services, please reach out to us using the following contact information:

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent matters related to food safety or health concerns, please contact the appropriate local or state health authority in addition to contacting us directly.