Terms of Use

These Terms of Use (“Terms”) are a legal agreement between you (“Customer,” “you,” or “your”) and PRANA KITCHEN PROJECT LLC, doing business as “Prana” (“Prana,” “we,” “us,” or “our”), governing your use of the Prana’s mobile application (the “App”), and any related ordering, pickup, delivery, loyalty, and customer support services (collectively, the “Services”).

Acceptance of Terms

By accessing or using the App, creating an account, or placing an Order, you agree to be bound by these Terms. If you do not agree, please do not use the Services.

If you are using the Services on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.

Eligibility and Account Registration

You must be at least 18 years old, or the age of majority in your state of residence, to create an account or place an Order. By using the Services, you represent that you meet this requirement.

If you create an account, you agree to:

• provide accurate, current, and complete information;
• maintain the confidentiality of your login credentials;
• notify us promptly of any unauthorized use of your account; and
• accept responsibility for all activity that occurs under your account, except to the extent caused by our failure to maintain reasonable security safeguards.

We may suspend or terminate an account that provides false information, is used fraudulently, or otherwise violates these Terms.

Description of Services

The Services allow you to browse the Prana’s menu, place Orders for pickup, and place Orders for delivery within the Prana’s designated delivery area, redeem promo codes, submit reviews, and contact customer support.

All delivery under the Services is performed by the Prana itself, through its own employees or directly-engaged independent contractors (Delivery Personnel). The Prana does not use, and these Terms do not contemplate use of, any third-party delivery marketplace or aggregator platform.

Menu, Pricing, and Product Information

Menu items, descriptions, photographs, and prices displayed on the menu are provided for general reference and are subject to change without notice, including due to ingredient availability, seasonal changes, or price adjustments.

Photographs of menu items are for illustrative purposes only; actual presentation, portion size, and plating may vary.

We make reasonable efforts to keep menu and pricing information accurate and current, but we do not guarantee that the App will be free of pricing or description errors at all times. If an item is mispriced or listed in error, we reserve the right to correct the error, cancel the affected Order, and issue a full refund of any amount charged for that item, before the Order is prepared, or to contact you to confirm whether you wish to proceed at the corrected price.

Nutritional and allergen information, where provided, is based on standard recipes and supplier information and may not account for variations in preparation, substitutions, or potential cross-contact in a shared kitchen.

Placing an Order

When you submit an Order, you are making an offer to purchase the selected items at the displayed price, subject to our acceptance. An Order is not accepted, and no contract of sale is formed, until we confirm the Order (for example, through an on-screen confirmation, email, or push notification).

We reserve the right to refuse, limit, or cancel any Order, at our discretion and prior to preparation, including where:

• an item is unavailable or out of stock;
• we suspect the Order is fraudulent, abusive, or made in violation of these Terms;
• the delivery address falls outside our current delivery area;
• the Prana is closed, at capacity, or unable to fulfill the Order within a reasonable time; or
• pricing, tax, or promotional information associated with the Order was displayed in error.

If we cancel an Order after payment has been captured, we will issue a refund of the amounts charged for the cancelled portion of the Order.

You are responsible for reviewing your Order, including item selection, special instructions (such as allergy), and the delivery or pickup details, before submitting it. We are not responsible for errors resulting from inaccurate information you provide, including an incorrect delivery address or contact number.

Payment Terms

Online payments made through the App are processed by an independent third-party payment processor.

We are not responsible for the independent acts, errors, outages, or security practices of the payment processor.

We accept the payment methods displayed on the App at the time of your Order, which may include major credit and debit cards and other methods enabled by payment processor.

Taxes, Service Charges, and Additional Fees

Prices displayed on the App are exclusive of applicable taxes and fees unless stated otherwise.

Automatic gratuity or service charges: If the Prana applies an automatic gratuity or mandatory service charge to any Order, that charge will be clearly disclosed to you on the menu and at checkout before you submit payment, consistent with applicable Florida law governing disclosure of mandatory gratuities and service charges by food service establishments. Any such charge is separate from, and does not substitute for, an optional gratuity you may choose to leave for Prana staff.

All fees and charges applicable to your Order, including delivery fees, will be itemized and displayed for your review before you confirm payment.

Order Changes, Cancellations, and Refunds

Customer Cancellations. Because food preparation may begin shortly after an Order is confirmed, you may cancel or modify an Order only before preparation has begun. We will make reasonable efforts to accommodate a cancellation or modification request but cannot guarantee that a request can be processed before preparation begins.

Orders Already in Preparation. Once preparation of an Order has begun, the Order generally cannot be cancelled or refunded solely because you changed your mind, selected an incorrect item, provided incorrect information, or no longer wish to receive the Order.

Cancellation by Prana. We may cancel an Order if we are unable to fulfill it, including because an item is unavailable, the restaurant is unable to operate, delivery is unavailable, a pricing or technical error occurred, or we reasonably suspect fraud or misuse of the Services. If we cancel an Order after payment has been captured and the cancellation is not attributable to the Customer, we will refund the applicable amount paid for the cancelled portion of the Order.

Order Issues. If your Order contains a missing or incorrect item, arrives materially damaged, is not delivered, or otherwise materially differs from the Order confirmed by Prana, please contact us as soon as reasonably practicable and provide your Order number and sufficient information for us to investigate the issue. We may reasonably request photographs, delivery information, packaging, receipts, or other information necessary to verify and resolve a complaint.

Available Remedies. Depending on the circumstances and subject to applicable law, Prana may resolve a valid complaint by providing reasonable corrective action.

Subjective Preferences. Except where required by applicable law, refunds are not provided solely because a Customer dislikes the taste, texture, appearance, portion, or another subjective characteristic of a menu item that was correctly prepared and supplied as ordered.

Customer Error. Except where otherwise required by law, Prana is not responsible for losses resulting from information or selections submitted incorrectly by the Customer, including incorrect menu selections, delivery addresses, telephone numbers, pickup selections, or delivery instructions.

Delays. A delivery or pickup delay does not automatically entitle a Customer to a refund. We will assess material delays on a case-by-case basis, taking into account the length and cause of the delay and the condition of the Order.

Delivery

Delivery Area. Delivery is available only within the delivery areas displayed in the App at the time an Order is placed. We may modify our delivery areas, delivery hours, minimum Order requirements, and delivery availability at any time.

Delivery Times. Any delivery time displayed or communicated through the App is an estimate only and is not guaranteed. Actual delivery times may vary due to traffic, weather, road conditions, Order volume, preparation times, building access restrictions, accidents, emergencies, or other circumstances outside Prana’s reasonable control.

Delivery Information. You are responsible for providing a complete and accurate delivery address, including any apartment or unit number, gate or access code, building instructions, and a telephone number at which you can be reached in connection with the delivery.

Customer Availability. You must be reasonably available to receive the Order at the delivery location and to respond to calls, messages, or other reasonable attempts by Delivery Personnel to complete delivery.

Access to Delivery Location. Prana and its Delivery Personnel are not required to enter any building, residence, gated area, or other location where access is unsafe, prohibited, restricted, or cannot reasonably be obtained.

Failed Delivery. If delivery cannot be completed because:

• (a) the address or delivery information provided by you is incorrect or incomplete;
• (b) you fail to provide required access information;
• (c) you cannot be contacted after reasonable attempts;
• (d) you are unavailable to receive the Order where personal delivery is required; or
• (e) Delivery Personnel cannot safely or lawfully access the delivery location,

Prana may, where reasonably practicable, leave the Order at a suitable location, return the Order, or treat the delivery attempt as completed. Except where otherwise required by applicable law, Prana will not be required to refund an Order that cannot be delivered due to circumstances attributable to the Customer.

Redelivery. Any redelivery requested because of incorrect Customer information, inability to access the delivery location, or Customer unavailability may be subject to an additional delivery fee and availability of Delivery Personnel.

Contactless Delivery. Where you request or authorize contactless or unattended delivery, you authorize Prana to leave the Order at the location reasonably identified in your delivery instructions. Delivery will be considered completed when the Order is placed at that location.

Delivery Confirmation. Prana may use reasonable methods to document successful delivery, including delivery status records, timestamps, photographs of the delivery location, or other delivery records, subject to applicable privacy law.

Transfer After Delivery. Once an Order has been successfully delivered in accordance with your instructions, Prana is not responsible for theft, loss, deterioration, contamination, temperature changes, or other damage occurring after delivery, except to the extent caused by a condition that existed before delivery or where liability cannot be excluded under applicable law.

Promotions and Promo Codes

From time to time, we may offer discounts, promotional pricing, or promo codes for use on the App. Unless otherwise stated when a promotion is offered:

• promotions and promo codes are limited-time offers that we may modify, suspend, or discontinue at any time without prior notice;
• promo codes have no cash value, are not redeemable for cash, and may not be resold, transferred, or combined with other offers unless expressly stated;
• promotions may be limited to specific items, order minimums, delivery areas, or a maximum number of uses per Customer or household; and
• we may cancel or adjust an Order, or decline to honor a promo code, if we reasonably determine that a promotion is being used fraudulently, in a manner inconsistent with its intended terms, or in violation of these Terms.

The Prana does not operate a referral, affiliate, or ambassador program, and no provision of these Terms should be interpreted as creating any right to compensation, credit, or commission for referring other customers to the Services.

Food Allergies, Dietary Restrictions, and Health Disclaimers

Our kitchen prepares food that may contain, or come into contact with, common allergens. While we make reasonable efforts to accommodate dietary requests and to provide accurate allergen information where available, we cannot guarantee that any menu item is entirely free of a particular allergen or ingredient, due to shared kitchen equipment, preparation surfaces, and supplier variability.

Consistent with applicable Florida food-allergy awareness requirements for food service establishments, please inform us of any food allergy before placing your Order, using the notes or special-instructions field on the App, or by contacting customer support, so that our staff can take reasonable precautions. If you or anyone in your party has a severe or life-threatening allergy, please contact the Prana directly before ordering to discuss your specific needs.

You are responsible for making informed decisions about menu items in light of your own dietary needs and allergies. To the fullest extent permitted by law, the Prana is not liable for an adverse reaction to a menu item where accurate allergy or dietary information was not provided to us before the Order was placed, or where a reaction results from cross-contact that could not reasonably have been avoided in a shared kitchen environment.

User-Generated Content (Reviews and Ratings)

If the Services allow you to submit reviews, ratings, photos, or other content (“User Content”), you retain ownership of your User Content, but you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute your User Content in connection with operating and promoting the Services.

You represent that your User Content is your own original work (or that you have the necessary rights to submit it), does not infringe any third party’s rights, and is not false, defamatory, or misleading. We reserve the right, but do not assume an obligation, to review, moderate, edit, or remove User Content that violates these Terms or that we otherwise consider inappropriate, at our discretion.

Intellectual Property

The Site, the App, and their content, including the Prana’s name, logo, trademarks, menu design, photographs, and other creative content, are owned by the Prana or its licensors and are protected by applicable intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and App for your personal, non-commercial use in placing Orders. You may not copy, modify, distribute, sell, or create derivative works based on the Site, the App, or their content, except as expressly permitted by us in writing.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services, including the App, are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or App will be uninterrupted, error-free, or secure, or that any defect will be corrected.

Nothing in this Section is intended to limit any warranty or right that cannot be excluded or limited under applicable Florida or federal consumer protection law, including implied warranties applicable to the sale of food products under Florida’s adoption of the Uniform Commercial Code, to the extent such warranties apply and are not otherwise disclaimed as permitted by law.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Prana, its owners, officers, employees, or any staff be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services, even if advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the Prana’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amount you paid to the Prana for the Order giving rise to the claim, or (b) one hundred U.S. dollars ($100).

This Section does not limit liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, or personal injury caused by the Prana’s own negligence, to the extent such limitation is prohibited by Florida law.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Prana and its owners, officers, and employees from and against any third-party claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your misuse of the Services, or your violation of applicable law, except to the extent caused by our own negligence or willful misconduct.

Termination and Suspension

We may suspend or terminate your access to the Services, including your account, at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive conduct, or created a risk or possible legal exposure for the Prana. You may stop using the Services, and may request closure of your account, at any time by contacting us as.

Dispute Resolution

Before filing a claim against the Prana, you agree to first contact us at the details set out in Terms and attempt in good faith to resolve the dispute informally. Most concerns can be resolved this way.

If a dispute is not resolved informally within a reasonable time, you and the Prana agree that any dispute, claim, or controversy arising out of or relating to these Terms (a “Dispute”) will be resolved by binding, individual arbitration administered by a recognized arbitration provider under its applicable consumer arbitration rules, rather than in court, except as set out below. This arbitration agreement is governed by the Federal Arbitration Act.

No Class or Representative Proceedings. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PRANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may award any individual remedy that would otherwise be available in a court of competent jurisdiction, subject to applicable law and these Terms.

Governing Law and Venue

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws principles. You agree that any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts.

Force Majeure

To the fullest extent permitted by applicable law, Prana will not be liable for any delay, interruption, cancellation, or failure to perform resulting from circumstances outside its reasonable control, including hurricanes, tropical storms, flooding, severe weather, fires, natural disasters, power or utility failures, telecommunications or internet outages, road closures, transportation disruptions, governmental orders, states of emergency, civil disturbances, labor disruptions, supply shortages, equipment failures not caused by Prana’s failure to exercise reasonable care, or similar events beyond Prana’s reasonable control.

If such circumstances prevent Prana from fulfilling an accepted Order, Prana may cancel the affected Order and, where payment has already been captured for items that will not be provided, refund the applicable amount.

General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any additional program rules referenced in these Terms, constitute the entire agreement between you and the Prana regarding the Services, and supersede any prior agreements on the same subject.

By placing an Order or creating an account, you agree that we may send communications reasonably necessary to administer your account or fulfill your Order, including Order confirmations, payment notifications, pickup notifications, delivery updates, security notices, and customer-support communications.

Severability: If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any provision of these Terms will not be considered a waiver of that or any other provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.

No Third-Party Beneficiaries: Except as expressly stated, these Terms do not create any rights for any person or entity that is not a party to them.

Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, business practices, or applicable law. If we make material changes, we will notify you by posting a notice on the Site or App and updating the “Last Updated” date above. Your continued use of the Services after a change becomes effective constitutes your acceptance of the revised Terms. If you do not agree to a change, you should stop using the Services.

Contact Information

If you have questions about these Terms, or need to contact us regarding an Order, refund, accommodation request, or any other matter described above, please contact us at:

Company Name: PRANA KITCHEN PROJECT LLC

Business address: 12864 BISCAYNE BLVD 2129 MIAMI, FL 33181

Identification Number: 41-4926992

Email: info@prana.kitchen