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Terms and Conditions

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Please read these terms carefully before using our services.

Last Updated: August 30, 2025

Nut Allergy Disclaimer

Last Updated: August 30, 2025

Michoacana Ice Cream Shop LLC ("we," "our," or "the Shop") takes the safety of our customers seriously. However, due to the nature of our products and production environment, our ice cream and other menu items may contain nuts or be prepared in facilities where nuts are handled.

By using this app and/or placing an order, you acknowledge and agree that:

Risk Awareness: You understand that nut allergens may be present in our products and that consuming them may cause allergic reactions.

Personal Responsibility: It is your responsibility to check ingredients and ask questions regarding allergens before consumption.

No Liability: Michoacana Ice Cream Shop LLC is not liable for any allergic reactions, injuries, or damages resulting from the consumption of products that may contain nuts.

Continuous Updates: Ingredients, preparation methods, and cross-contact risks may change without prior notice. Customers should review allergen information at the time of ordering.

For your safety, always exercise caution if you have a nut allergy. By using this app or placing an order, you accept full responsibility for any risk associated with nut allergens.

1. Introduction

Welcome to the Michoacana Ice Cream Shop LLC mobile application and service (the "App", "Service"). This Service is owned and operated by Michoacana Ice Cream Shop LLC ("Company", "we", "us", "our"). By installing, accessing, or using the Service, you ("User", "you") agree to be bound by these Terms of Service ("Terms") without exception. If you do not accept these Terms, do not use the Service.

2. Eligibility

You represent and warrant that you are at least 18 years old or of legal age to form binding contracts in your jurisdiction. Use of the Service by minors or prohibited persons is forbidden and grounds for immediate termination.

3. Account Registration & Security

3.1 You must provide accurate, complete, and current registration information. Providing false or misleading information violates these Terms.

3.2 You are responsible for safeguarding your account credentials and all activity occurring under your account.

3.3 You agree to notify us immediately of any unauthorized use or breach of security.

3.4 We reserve the right to suspend or terminate accounts at our sole discretion, without notice or liability.

4. Service Description

4.1 Michoacana Ice Cream Shop LLC provides an internal platform to order ice cream and food operated solely by the Company.

4.2 All payments are processed internally, with no third-party payment processors.

4.3 Loyalty programs, promotions, and rewards may be offered at our discretion and subject to separate terms.

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5. User Responsibilities

5.1 Use the Service only for lawful purposes. Prohibited activities include fraud, misrepresentation, abuse of the Service, or any unlawful activity.

5.2 Ensure all submitted information is accurate and complete, including order and payment details.

5.3 Prohibited conduct includes, but is not limited to: fraudulent orders, impersonation, unauthorized access, interference with the Service, reverse engineering, or violation of applicable law.

6. Orders, Pricing & Payment

6.1 Prices include applicable taxes unless stated otherwise; delivery fees or service charges may apply.

6.2 You authorize immediate payment for all orders at the time of purchase.

6.3 Orders cannot be canceled once confirmed, except in exceptional circumstances at the Company's sole discretion.

7. Refunds & Complaints

7.1 Complaints must be submitted within 10 minutes of delivery with photographic evidence.

7.2 The Company has sole discretion to evaluate complaints and determine eligibility for refunds or replacements.

7.3 Refunds, if granted, are limited to the monetary value of the affected items; delivery and service fees are non-refundable.

7.4 We disclaim all liability for food allergies, foodborne illness, or other harm resulting from consumption.

8. Intellectual Property

All content, trademarks, logos, and intellectual property within the App and Service are owned exclusively by Michoacana Ice Cream Shop LLC or its licensors. Users receive no rights or licenses beyond limited usage for ordering purposes.

9. User-Generated Content

9.1 By submitting videos, images, reviews, or other content to the App or website, you grant Michoacana Ice Cream Shop LLC a perpetual, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, display, distribute, and modify such content in connection with the Service, marketing, promotions, or other lawful business purposes.

9.2 You represent and warrant that you own or have all necessary rights to the content you submit and that its use does not violate any laws or third-party rights.

9.3 Michoacana Ice Cream Shop LLC reserves the right to remove, edit, or refuse content at our sole discretion.

10. Privacy

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to such processing.

11. Third-Party Services

No third-party services are used. All Service operations, including payments, deliveries, and loyalty programs, are handled exclusively by Michoacana Ice Cream Shop LLC.

12. Marketing & Push Notifications

12.1 Push notifications, SMS, email, or app-based marketing require explicit consent.

12.2 You may opt out at any time by following unsubscribe instructions or adjusting preferences in your account settings.

13. Disclaimers & Limitation of Liability

13.1 The Service and all products are provided "AS IS" without warranties of any kind, express or implied.

13.2 The Company's total liability for any claim is limited to the amount paid by you for the affected order.

13.3 We disclaim liability for indirect, incidental, punitive, consequential damages, lost profits, or personal injury.

13.4 We are not responsible for delays or failures caused by events beyond our reasonable control.

14. Indemnification

You agree to indemnify and hold harmless Michoacana Ice Cream Shop LLC, its affiliates, officers, employees, and agents from all claims, damages, losses, liabilities, and expenses arising from your use of the Service or violation of these Terms.

15. Modifications

Michoacana Ice Cream Shop LLC reserves the right to modify or discontinue the Service or these Terms at any time without notice. Continued use after such changes constitutes acceptance.

16. Governing Law & Dispute Resolution

16.1 These Terms are governed by the laws of the State of Arkansas, USA.

16.2 Any dispute will be resolved by binding arbitration in Rogers, Arkansas.

16.3 You waive the right to participate in class or collective actions.

16.4 Venue and jurisdiction for any court proceedings are exclusively in Rogers, Arkansas.

17. Compliance

You agree to comply with all applicable local, state, national, and international laws, including export controls and anti-corruption statutes.

18. Miscellaneous

18.1 If any provision is invalid, the remainder remains in full force.

18.2 These Terms and the Privacy Policy constitute the entire agreement and supersede prior agreements.

18.3 Failure to enforce any provision is not a waiver of rights.

18.4 You may not assign your rights or obligations without prior written consent.

19. Platform Addenda

Compliance with platform rules (App Store or Play Store) is mandatory, without delegation to any third party.