Terms of Service

Effective Date: May 16, 2026  |  Last Updated: May 16, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Wings Over ("Company," "we," "us," or "our"), governing your access to and use of the Site, as well as any food ordering, delivery, catering, or related services we provide (collectively, the "Services"). Your use of the Site, including browsing menus, placing orders, creating an account, subscribing to promotional communications, or any other interaction with our digital or physical services, constitutes your unconditional acceptance of these Terms.

By accepting these Terms, you represent and warrant that:

• You are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity and authority to enter into a binding agreement;
• You will use the Services only for lawful purposes and in accordance with all applicable federal, state, and local laws and regulations;
• All information you provide to us is accurate, current, and complete.

These Terms incorporate by reference our Privacy Policy, which is available on the Site, and any additional terms, guidelines, or policies that may apply to specific services or features we offer.

2. Description of Services

Wings Over is a food service company specializing in the preparation and sale of chicken wings, sauces, sides, beverages, and other food and beverage items ("Food Products"). Our Services include, but are not limited to:

• Online Ordering: Customers may browse our digital menu and place orders for pickup or delivery through our Site or authorized third-party platforms.
• In-Store Dining and Pickup: Customers may visit our physical location(s) to purchase Food Products for immediate consumption or carry-out.
• Delivery Services: Where available, we provide or partner with third-party delivery providers to deliver Food Products to addresses within our designated service areas.
• Catering Services: We may offer catering packages for events, parties, and corporate functions, subject to separate catering agreements and availability.
• Promotional Programs: We may offer loyalty programs, coupons, gift cards, promotional codes, and special offers from time to time, each subject to their own specific terms and conditions.
• Informational Content: The Site provides information about our menu, locations, hours of operation, nutritional information, and other relevant details about our business.

We reserve the right to modify, expand, or discontinue any aspect of our Services at any time, with or without notice to you, and without liability. Availability of specific menu items, promotions, and delivery zones may vary by location, time of day, and other factors outside our control.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, truthful, and complete information when creating an account, placing an order, or otherwise interacting with our Services;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized access or suspected breach;
• Use the Site and Services solely for personal, non-commercial purposes unless you have obtained our prior written consent for commercial use;
• Comply with all applicable local, state, federal, and international laws, rules, and regulations;
• Ensure that any food allergies, dietary restrictions, or special requirements are communicated to us at the time of ordering, as we cannot guarantee allergen-free preparation environments;
• Be present or designate an authorized representative to receive delivery orders at the specified address.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Site or Services for any unlawful, fraudulent, or deceptive purpose, including submitting false orders, fraudulent payment information, or misrepresenting your identity;
• Attempting to gain unauthorized access to our systems, servers, databases, or any related infrastructure through hacking, phishing, denial-of-service attacks, or any other means;
• Scraping, crawling, data mining, or otherwise systematically extracting data from the Site without our express written permission;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software underlying the Site;
• Posting, transmitting, or distributing any content through the Site that is defamatory, obscene, harassing, threatening, discriminatory, or otherwise objectionable;
• Using automated tools, bots, scripts, or any other means to interact with the Site in a manner not intended by us;
• Attempting to interfere with the proper operation of the Site or the servers and networks connected to it;
• Reselling, reproducing, or commercially exploiting any portion of our Services or content without our written consent;
• Using the Services to place fictitious, malicious, or abusive orders intended to disrupt our operations;
• Circumventing or attempting to circumvent any security or authentication measures on the Site;
• Collecting personal information of other users without their consent.

We reserve the right to investigate suspected violations and to take appropriate legal and/or administrative action, including suspending or terminating your account, refusing service, and reporting conduct to law enforcement authorities.

4. Account Registration

Certain features of our Site, including order tracking, saved preferences, and loyalty program participation, may require you to create an account. When registering, you agree to provide accurate and current information and to update such information as necessary to keep it accurate. You are solely responsible for all activity that occurs under your account. You must not share your account credentials with any third party. We reserve the right to terminate or suspend any account that we determine, in our sole discretion, has been created fraudulently or is being used in violation of these Terms.

You may delete your account at any time by contacting us at the information provided in Section 14. Upon deletion, we will handle your personal data in accordance with our Privacy Policy and applicable law.

5. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, photographs, video clips, audio files, digital downloads, software, data compilations, menu designs, and the overall look and feel of the Site ("Proprietary Content"), is the exclusive property of Wings Over or its content suppliers and licensors, and is protected under applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state intellectual property statutes.

The Wings Over name, logo, trade dress, and all related product names, service names, and slogans are trademarks or registered trademarks of Wings Over. Nothing in these Terms grants you any right, license, or interest in or to our trademarks, logos, or trade dress. Any use of our marks without our prior written consent is strictly prohibited.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content solely for personal, non-commercial purposes in connection with using our Services. This license does not permit you to:

• Reproduce, duplicate, copy, or sell any portion of the Site or its content;
• Modify, create derivative works from, or adapt any Proprietary Content;
• Use any data mining, scraping, or similar data extraction methods;
• Frame or use framing techniques to enclose any portion of the Site.

If you submit feedback, reviews, suggestions, or other user-generated content ("User Content") through the Site or any connected platform, you grant Wings Over a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our business operations. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.

6. Payment Terms and Pricing

6.1 Pricing

All prices for Food Products displayed on the Site are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change at any time without prior notice. The price charged for an order will be the price in effect at the time the order is confirmed. We make every effort to ensure pricing accuracy on our Site; however, in the event of a pricing error, we reserve the right to cancel any order placed at an incorrect price and will notify you promptly.

6.2 Payment Methods

We accept the following forms of payment, subject to availability at specific ordering channels:

• Major credit and debit cards (Visa, Mastercard, American Express, Discover)
• Digital wallets and mobile payment platforms (where supported)
• Wings Over gift cards and promotional credits
• Cash (for in-store purchases only)

By providing payment information, you represent that you are authorized to use the designated payment method and authorize us (or our payment processor) to charge the full order amount, including applicable taxes, delivery fees, and any applicable service fees.

6.3 Order Cancellations and Refunds

Due to the perishable nature of food products, orders generally cannot be cancelled once they have been confirmed and preparation has begun. If you have a concern about your order, including incorrect items, missing items, or quality issues, please contact us promptly at [email protected]. We will review your concern on a case-by-case basis and may, at our sole discretion, offer a replacement, store credit, or refund as appropriate. Chargebacks initiated without prior contact with us may result in account suspension and referral to collections.

6.4 Delivery Fees and Minimum Orders

Delivery orders may be subject to minimum order amounts and delivery fees, which will be clearly disclosed at checkout before you complete your purchase. Delivery fees are non-refundable except in cases of documented error on our part.

7. Food Allergen and Nutritional Information

We take food allergies and dietary restrictions seriously. However, our Food Products are prepared in kitchen environments that may handle common allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens or cross-contamination. Customers with severe food allergies should exercise caution and are encouraged to contact us directly before ordering.

Nutritional information provided on our Site is based on standard recipes and may vary due to portion sizes, ingredient substitutions, and preparation methods. This information is provided for general guidance only and should not be relied upon as a substitute for professional dietary or medical advice.

8. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services, including third-party food delivery platforms, payment processors, and social media platforms ("Third-Party Services"). These links are provided for your convenience only. Wings Over has no control over the content, privacy practices, or policies of Third-Party Services and accepts no responsibility or liability for them. Your use of Third-Party Services is governed by the terms and privacy policies of those third parties, and we encourage you to review such policies before providing any personal information.

The inclusion of any link to a Third-Party Service does not imply endorsement, sponsorship, or affiliation by Wings Over.

9. Disclaimers and "As-Is" Basis

10. Limitation of Liability

11. Indemnification

You agree to defend, indemnify, and hold harmless Wings Over and its respective officers, directors, employees, shareholders, agents, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the Site or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law or regulation, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and applicable state consumer protection laws;
• Any User Content you submit, post, or transmit through the Site;
• Your infringement of any intellectual property right or other right of any third party;
• Your negligence or willful misconduct.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims. You shall not settle any claim subject to indemnification without our prior written consent.

12. Governing Law and Jurisdiction

These Terms 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 Wings Over's principal place of business is located, without regard to conflicts of law principles that would require the application of the law of any other jurisdiction.

To the extent that any dispute is not resolved through the arbitration process described in Section 13, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the United States for the resolution of any dispute, and you waive any objection to the laying of venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Consumer protection rights: Nothing in these Terms shall be construed to limit any rights you may have under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) or applicable state consumer protection statutes, including applicable unfair or deceptive practices laws.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact Wings Over at [email protected] and provide a written description of the dispute, your contact information, and the specific relief sought. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within this period, either party may proceed to binding arbitration as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for claims that qualify for small claims court and except as otherwise provided herein, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any alleged breach, termination, enforcement, interpretation, or validity thereof ("Dispute") shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org.

• Arbitrator Authority: The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration.
• Arbitration Location: Arbitration shall take place in the United States in the county or jurisdiction of Wings Over's principal place of business, or by telephone, videoconference, or written submissions, at the arbitrator's discretion.
• Costs: AAA filing fees and arbitrator compensation shall be allocated in accordance with the AAA Consumer Arbitration Rules. We will pay arbitration costs for disputes valued at less than $10,000 USD, provided the claim is not found to be frivolous.
• Judgment: Judgment on the arbitration award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND WINGS OVER EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, both you and Wings Over waive any right to a jury trial. If a court of competent jurisdiction determines that this class action waiver is unenforceable for a particular claim or dispute, then that claim or dispute shall be severed from arbitration and may proceed in court, while the remaining claims shall continue in arbitration.

13.4 Opt-Out Right

You may opt out of the arbitration agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first using our Services or accepting these Terms, whichever is earlier. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Wings Over can require the other to participate in arbitration proceedings.

14. Term and Termination

These Terms shall remain in full force and effect for so long as you access or use the Site or Services. We reserve the right, in our sole discretion and without prior notice, to:

• Terminate or suspend your access to all or any part of the Site or Services for any reason, including but not limited to violation of these Terms;
• Refuse service to any person or entity at any time and for any reason;
• Discontinue any feature, promotion, or aspect of the Site or Services.

Upon termination, your right to use the Site and Services immediately ceases. Provisions that by their nature should survive termination shall survive, including but not limited to Sections 5 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), and 16 (Severability).

15. Changes to These Terms

Wings Over reserves the right to modify, update, or replace these Terms at any time in our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also provide additional notice, such as an email notification or a prominent notice on our Site, when changes are significant.

Your continued use of the Site or Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to any revised Terms, you must discontinue use of the Site and Services immediately.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. The severed provision shall be replaced with a valid, enforceable provision that most closely reflects the intent and economic effect of the original provision. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies posted on the Site, constitute the entire agreement between you and Wings Over with respect to your use of the Site and Services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter hereof. No oral statement, advertisement, or prior course of dealing shall modify or supplement these Terms.

18. Force Majeure

Wings Over shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquakes, storms, pandemics, epidemics, war, terrorism, civil unrest, labor strikes, supply chain disruptions, governmental actions, or failures of the internet or telecommunications infrastructure. In such events, we will use commercially reasonable efforts to resume normal operations as soon as practicable.

19. Electronic Communications and Consent

By using our Site and Services, you consent to receive electronic communications from Wings Over, including emails, text messages (where you have opted in), push notifications, and other digital communications. You agree that any notices, agreements, disclosures, or other communications delivered to you electronically satisfy any legal requirement that such communications be in writing. You may manage your communication preferences or opt out of promotional communications by following the unsubscribe instructions included in such communications or by contacting us directly.

20. Children's Privacy

Our Site and Services are not directed to children under the age of thirteen (13). We do not knowingly collect personal information from children under 13 without verifiable parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq. If you believe we have inadvertently collected information from a child under 13, please contact us immediately at [email protected] and we will take prompt steps to delete such information.

21. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation, you may contact us using the following information:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters related to food safety or serious complaints, please contact us by email and mark your message as urgent.