Terms of Service
Effective Date: April 30, 2026 | Last Updated: April 30, 2026
1. Acceptance of Terms
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Starbird Chicken ("Company," "we," "us," or "our"), governing your access to and use of the website located at starbirdchicken.digital (the "Site") and all related services, features, content, and applications offered by Starbird Chicken (collectively, the "Services").
By visiting our Site, placing an order, creating an account, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, customers, and others who access or use our Services.
If you are using our Services on behalf of a business or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you personally and that entity.
You must be at least 13 years of age to use our Site. If you are under 18 years of age, you may only use our Services with the involvement and consent of a parent or legal guardian. By using our Services, you represent and warrant that you meet all applicable eligibility requirements.
2. Description of Services
Starbird Chicken is a food service business that offers the following services through its website and associated digital platforms:
- Online Food Ordering: Customers may browse our menu, customize food items, and place orders for pickup or delivery through our Site or affiliated third-party platforms.
- Menu Information: We provide detailed information about our food offerings, including ingredients, nutritional content, allergen information, and pricing.
- Loyalty and Rewards Programs: Eligible users may enroll in rewards or loyalty programs offered by Starbird Chicken, subject to separate program terms and conditions.
- Catering Services: We may offer catering services for events, corporate gatherings, and group orders, subject to additional terms and availability.
- Promotional Offers and Discounts: From time to time, we may offer promotional deals, discounts, limited-time offers, and coupons accessible through our Site.
- Customer Support: We provide customer service assistance via email and other communication channels listed on our Site.
- Account Management: Registered users may create and manage personal accounts to streamline the ordering process, track order history, and manage saved preferences.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you. We are not responsible for any loss or inconvenience resulting from changes to or interruption of our Services.
All food items, ingredients, and menu offerings are subject to availability. Prices, menu items, and availability may vary by location, time of day, and promotional period. We reserve the right to limit the quantities of any items offered.
3. User Accounts and Registration
Certain features of our Services may require you to create a user account. When registering for an account, you agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Maintain the security and confidentiality of your account credentials, including your password.
- Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach.
- Accept full responsibility for all activities that occur under your account, whether or not you authorized such activities.
We reserve the right to suspend or terminate your account at our sole discretion if we believe that your account information is inaccurate, that you have violated these Terms, or for any other reason. You may delete your account at any time by contacting us at the email address listed in the Contact Information section below.
4. User Obligations and Prohibited Activities
By using our Services, you agree to use them only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct while using our Services.
4.1 User Obligations
You agree to:
- Provide truthful and accurate information when placing orders, creating accounts, or submitting any data through our Site.
- Use our Services in compliance with all applicable federal, state, and local laws and regulations.
- Pay all charges incurred in connection with your use of our Services at the prices in effect when such charges are incurred.
- Promptly update any account information to maintain its accuracy.
- Treat our staff, customer support representatives, and other users with respect and courtesy.
4.2 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using our Services for any unlawful purpose or in violation of any federal, state, or local law or regulation.
- Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
- Submitting false, misleading, or fraudulent orders, reviews, or information.
- Attempting to gain unauthorized access to any portion of our Site, server, network, or systems connected to our Site.
- Using any automated means, bots, scrapers, or data mining tools to access, collect, or scrape data from our Site without our prior written consent.
- Transmitting any viruses, malware, spyware, adware, or other harmful or malicious code through our Site.
- Interfering with or disrupting the integrity or performance of our Site or Services.
- Circumventing, disabling, or otherwise interfering with any security-related features of our Site.
- Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of our Services.
- Using our Services to send unsolicited commercial communications (spam) or to harvest email addresses or other personal information.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of our Site or Services.
- Posting or transmitting any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable.
- Engaging in any fraudulent chargebacks or payment disputes without legitimate basis.
- Using promotional codes, coupons, or loyalty rewards in an unauthorized, manipulative, or abusive manner.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, reporting such behavior to law enforcement authorities.
5. Ordering, Payment Terms, and Refund Policy
5.1 Placing Orders
When you place an order through our Site, you are making an offer to purchase the selected food items at the stated price. All orders are subject to our acceptance, and we reserve the right to refuse or cancel any order for any reason, including but not limited to item unavailability, errors in pricing or product descriptions, or suspected fraudulent activity.
You will receive an order confirmation via email or through the Site upon successful placement of your order. This confirmation represents our acceptance of your order and the formation of a binding contract for the purchase of the specified items.
5.2 Pricing and Payment
All prices displayed on our Site are in United States Dollars (USD) and are subject to applicable sales taxes and fees. Prices are subject to change at any time without prior notice, except that such changes will not affect orders that have already been confirmed.
We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By submitting your payment information, you represent and warrant that:
- You are authorized to use the payment method provided.
- The payment information you provide is accurate and complete.
- You authorize us to charge the applicable amounts to your payment method.
All payment transactions are processed through secure, PCI-compliant third-party payment processors. We do not store your full credit card information on our servers.
5.3 Taxes
You are responsible for all applicable federal, state, and local taxes associated with your purchases. We will collect and remit sales tax as required by applicable law based on the location of the transaction.
5.4 Refunds and Cancellations
Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you have a concern about the quality or accuracy of your order, please contact us promptly at [email protected]. We will evaluate refund or replacement requests on a case-by-case basis in accordance with applicable law and our internal policies. Refunds, if approved, will be processed to the original payment method within a reasonable timeframe.
6. Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, button icons, data compilations, software, and the compilation thereof (collectively, "Content"), is the exclusive property of Starbird Chicken or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Starbird Chicken name, logo, brand marks, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of Starbird Chicken or its affiliates. You may not use such marks without the prior written permission of Starbird Chicken. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Site and Services for your personal, non-commercial use only. You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content from our Site without our prior written consent.
- Use any Content for any commercial purpose or for any public display, commercial or non-commercial.
- Delete or alter any copyright, trademark, or other proprietary notices from copies of Content from our Site.
- Access or use the Site for the purpose of building a competing product or service.
Any unauthorized use of our intellectual property may violate copyright law, trademark law, the laws of privacy and publicity, and applicable communications regulations and statutes. We reserve the right to enforce our intellectual property rights to the fullest extent permitted by law.
7. Third-Party Links and Services
Our Site may contain links to third-party websites, applications, or services (including but not limited to third-party food delivery platforms, payment processors, and social media platforms) that are not owned or controlled by Starbird Chicken. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your use of any third-party websites or services is at your own risk, and we expressly disclaim all liability arising from your use of such sites or services.
8. Disclaimer of Warranties
OUR SITE AND 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, STARBIRD CHICKEN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON OUR SITE.
- WARRANTIES THAT DEFECTS IN OUR SITE OR SERVICES WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
While we make reasonable efforts to ensure the accuracy of nutritional, allergen, and ingredient information provided on our Site, we cannot guarantee that such information is always complete or up to date. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before ordering to confirm the suitability of any menu item for their specific needs.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STARBIRD CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
- DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SITE OR SERVICES.
- DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SITE.
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
- DAMAGES ARISING FROM ANY FOOD ALLERGIES, DIETARY CONCERNS, OR FOOD-RELATED INCIDENTS THAT RESULT FROM INACCURATE INFORMATION PROVIDED BY YOU OR UNAVAILABLE ALLERGEN DISCLOSURES.
IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Indemnification
You agree to defend, indemnify, and hold harmless Starbird Chicken and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms.
- Your use of our Site or Services, including any data or content you submit, post, transmit, or make available through our Services.
- Your violation of any third party's rights, including any intellectual property, privacy, or proprietary rights.
- Your violation of any applicable federal, state, or local law, regulation, or ordinance.
- Any fraudulent, negligent, or willful misconduct by you or any person acting on your behalf.
- Any dispute between you and another user of our Services or any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter subject to indemnification without our prior written consent.
11. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related 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 of America and the applicable laws of the state in which Starbird Chicken's primary place of business is located, without regard to its conflict of law provisions.
These Terms are also subject to applicable federal laws, including but not limited to the Federal Trade Commission Act (FTC Act) governing unfair or deceptive acts and practices in commerce, the Computer Fraud and Abuse Act (CFAA), and other relevant federal statutes.
To the extent permitted by applicable law, any legal action or proceeding arising out of or related to these Terms or our Services that is not subject to mandatory arbitration shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You and Starbird Chicken each consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.
12. Dispute Resolution
12.1 Informal Resolution
Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services informally by contacting us at [email protected]. We will make good-faith efforts to resolve the dispute within thirty (30) days of receiving written notice of the dispute. If the dispute is not resolved within that period, either party may proceed with formal dispute resolution as described below.
12.2 Binding Arbitration
EXCEPT FOR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND STARBIRD CHICKEN AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF OUR SERVICES, SHALL BE RESOLVED SOLELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
The arbitration shall be conducted by a recognized arbitration organization such as the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding on both parties. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
The arbitrator shall have authority to award any remedy that would otherwise be available in court, except that the arbitrator shall not have authority to award punitive damages beyond what is permitted under applicable law.
12.3 Class Action Waiver
YOU AND STARBIRD CHICKEN EACH AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
12.4 Jury Trial Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND STARBIRD CHICKEN EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES.
13. Term and Termination
These Terms shall remain in full force and effect for as long as you access or use our Site or Services. We may, in our sole discretion, with or without notice, terminate or suspend your access to all or any part of our Site and Services for any reason, including but not limited to:
- Your violation of any provision of these Terms.
- Your conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or our business interests.
- Requests by law enforcement or government agencies.
- Extended periods of inactivity on your account.
- Technical or security issues or problems.
- Discontinuation or material modification of our Services.
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.
You may terminate your use of our Services at any time by discontinuing your use of our Site and, if applicable, deleting your account by contacting us at [email protected].
14. Changes to Terms
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will notify you by one or more of the following methods:
- Posting the revised Terms on our Site with an updated "Last Updated" date.
- Sending an email notification to the address associated with your account (if applicable).
- Displaying a prominent notice on our Site.
Your continued use of our Site or Services after the effective date of any revised Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.
We will not make retroactive changes to these Terms that materially harm your rights without providing you with reasonable notice and an opportunity to review such changes.
15. Allergen and Dietary Information Disclaimer
Starbird Chicken takes food safety seriously and strives to provide accurate allergen and dietary information for all menu items. However, please be aware that:
- Our food products are prepared in kitchens where allergens including but not limited to gluten, dairy, eggs, peanuts, tree nuts, soy, fish, and shellfish are present.
- Cross-contamination may occur during food preparation despite our best efforts to minimize the risk.
- Menu items and their ingredients are subject to change without prior notice.
- Nutritional and allergen information provided on our Site is based on standard recipes and may vary based on portion size, preparation method, or ingredient substitutions.
Customers with severe food allergies, dietary restrictions, or medical conditions are strongly encouraged to contact us directly at [email protected] before placing an order to discuss their specific needs. We cannot guarantee that any menu item is completely free from any specific allergen.
16. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of personal information through our Site and Services is governed by our Privacy Policy, which is incorporated into and made a part of these Terms by this reference. By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy.
Our Site and Services are operated in the United States. If you are located outside of the United States, please be aware that information we collect about you will be processed and stored in the United States, where data protection laws may differ from those in your country of residence.
To the extent required by applicable law, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, we honor applicable data subject rights including the right to know, the right to delete, and the right to opt-out of the sale or sharing of personal information. For more information, please review our Privacy Policy or contact us at [email protected].
17. Force Majeure
Starbird Chicken shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, war, terrorism, civil unrest, governmental actions or orders, labor strikes, internet outages, power failures, or any other unforeseen circumstances that prevent or delay performance.
In the event of a force majeure event, we will use commercially reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for a period of more than thirty (30) days, either party may terminate any affected orders or agreements upon written notice to the other party.
18. Feedback and User Submissions
We welcome feedback, comments, questions, and suggestions about our Services ("Feedback"). By submitting any Feedback to us, you grant Starbird Chicken a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback in any form, media, or technology, whether now known or later developed, without any compensation or attribution to you.
You represent and warrant that any Feedback you submit is original, does not infringe the intellectual property rights of any third party, and does not violate any applicable law. You agree that you will not submit Feedback that is unlawful, defamatory, obscene, or otherwise inappropriate.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be 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 the invalidity, illegality, or unenforceability of such provision.
The failure of Starbird Chicken to enforce any right or provision of these Terms shall not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Starbird Chicken. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements published by us on our Site, constitute the entire agreement between you and Starbird Chicken 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 such subject matter.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. These Terms are for the sole benefit of you and Starbird Chicken and their respective permitted successors and assigns, and nothing in these Terms, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever.
21. Electronic Communications
By using our Site and Services, you consent to receive electronic communications from Starbird Chicken. These communications may include operational notices about your account, order confirmations, receipts, and other information about our Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have opted in to receive marketing communications from us, you may opt out at any time by following the unsubscribe instructions contained in any marketing email we send you, or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional communications related to your orders or account.
22. Contact Information
If you have any questions, concerns, or comments about these Terms of Service, please contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.
| Company Name | Starbird Chicken |
|---|---|
| Website | starbirdchicken.digital |
| Email Address | [email protected] |
| Location | United States |