Effective date: April 30, 2026 · Last updated: September 8, 2026
These Terms of Service ("Terms") govern your use of the Fresso Cafe mobile application (the "App") and related services (collectively, the "Service"), provided by Infinite Living Brews, LLC d/b/a Fresso Cafe ("Fresso," "we," "us," or "our"). By creating an account, placing an order, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 13 years old to use the Service, and at least 18 (or the age of majority in your jurisdiction) to create an account, place an order, or make a payment. By using the Service you represent that you meet these requirements and that any information you provide is accurate, current, and complete.
You are responsible for safeguarding your password and for all activity under your account. Notify us immediately at cafefresso@gmail.com if you suspect unauthorized use. We may suspend or terminate accounts that violate these Terms, place fraudulent orders, abuse promotional offers, or otherwise misuse the Service.
All payments are processed by Square, Inc. By providing payment information, you authorize Fresso, through Square, to charge the payment method you select for the full amount of your order, including any taxes and tips. Card and payment details are handled by Square subject to its terms and privacy notice; we do not store your full card number.
The App may offer the option to add a tip at checkout. Tips are voluntary, paid in full to Fresso staff in accordance with Fresso's compensation practices, and are not refundable except in connection with a refunded order.
By creating an account or placing an order, you will receive transactional push notifications and emails from us about your account, your orders, and security or service issues. These messages are necessary to provide the Service. We send customer-care text messages (Fresso Cafe Texts, Section 8.4) only to customers who checked the optional SMS box when creating their account in the App. Leaving that box unchecked never affects your account, your order, or your loyalty stars.
When you sign up, recover your account, or change your phone number, we send a one-time verification code by SMS to the number you provide, and you consent to receive that code. One message per request. Message and data rates may apply. These codes are sent through Twilio.
If you opt in to marketing communications, you authorize Fresso to send you promotional emails and SMS about menu items, deals, and Fresso events. Opting in to marketing is not a condition of any purchase. Message frequency varies. Message and data rates may apply. You can opt out of marketing email by clicking unsubscribe in any marketing email, and out of marketing SMS by replying STOP. Reply HELP to any marketing SMS for help.
Program name and sender: Fresso Cafe Texts, sent by Infinite Living Brews, LLC d/b/a Fresso Cafe.
Program description: customer-care text messages for customers who checked the optional box labeled "Send me customer-care texts (optional)" when creating their account in the App. If something goes wrong with your visit, we may send one text to apologize and let you know that bonus loyalty stars or a thank-you were added to your loyalty account. These are not marketing messages and contain no offers, promo codes, or links. Checking the box is optional and is not required to create an account.
Message frequency varies. We send at most one message per service issue, and typically fewer than two messages per month.
Message and data rates may apply.
Opt out: reply STOP to cancel at any time. You will receive one final message confirming that you have been unsubscribed, and no further messages will be sent. You can also opt out by emailing cafefresso@gmail.com or calling (346) 859-5593.
Help: reply HELP for help, email cafefresso@gmail.com, or call (346) 859-5593.
Your consent to receive text messages is not a condition of any purchase, and declining texts does not affect your loyalty stars. Wireless carriers are not liable for delayed or undelivered messages. Our Privacy Policy explains how we handle your phone number; mobile information and text-messaging opt-in consent are never shared with third parties or affiliates for marketing or promotional purposes. Full program details: fressocafe.up.railway.app/legal/sms.html.
You agree not to:
The App, the Service, and all logos, trademarks, menu content, photographs, and other content provided by Fresso are owned by Fresso or its licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on a compatible device for your personal, non-commercial use of the Service. All other rights are reserved.
The Service relies on third-party providers, including Square (payments), Twilio (SMS), Apple (push notifications, App Store, optional Sign in with Apple), and Railway (hosting). Your use of those providers' services may also be governed by their own terms. We are not responsible for the acts or omissions of third-party providers.
EXCEPT AS REQUIRED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You are responsible for checking the ingredients and allergen information of any item before consuming it. If you have a food allergy or dietary restriction, please ask cafe staff before placing an order.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRESSO AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FRESSO IN THE 30 DAYS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) U.S. $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITS MAY NOT APPLY TO YOU IN FULL.
Please read carefully. Except for claims that may be brought in small-claims court and claims for injunctive relief related to intellectual property, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be held in Fort Bend County, Texas, or any other location we mutually agree to. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
Class-action waiver. You and Fresso each waive the right to participate in a class action, class-wide arbitration, or representative action. Disputes must be brought on an individual basis only.
Opt-out. You may opt out of this arbitration agreement by emailing cafefresso@gmail.com within 30 days of first accepting these Terms. Your email must include your full name, the email address on your account, and a clear statement that you opt out of arbitration.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles. Subject to Section 14, exclusive jurisdiction and venue for any non-arbitrable dispute will lie in the state or federal courts located in Fort Bend County, Texas.
We may suspend or terminate your account or your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or to protect the Service or other users. You may stop using the Service at any time, and you may delete your account from Account → Settings → Delete account. Sections that by their nature should survive termination (including Sections 10, 12, 13, 14, 15, and 17) will survive.
We may update these Terms from time to time. If the changes are material, we will notify you in the App or by email before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
The following terms apply when you obtain the App from the Apple App Store. You acknowledge that these Terms are between you and Fresso, not Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App's purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, or claims arising under consumer-protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual-property claim concerning the App. You agree to comply with applicable third-party agreements (for example, your wireless data agreement) when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fresso regarding the Service. If any provision is held unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be sent by email or in-app notification. Notices to us must be sent to cafefresso@gmail.com.
Infinite Living Brews, LLC d/b/a Fresso Cafe
4899 Highway 6, Suite 116C
Missouri City, TX 77459
Email: cafefresso@gmail.com