Terms and conditions

Please read these terms carefully before using the service.

Agreement and eligibility

These Terms and Conditions form an agreement between you and KDS Restaurants LLC (“Atmosphera,” “we,” “us,” or “our”), a South Carolina business operating Atmosphera Cafe locations and the Atmosphera website and related subdomains (the “Service”).

By accessing or using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service. You must be at least 18 years old, or have the involvement of a parent or legal guardian, to place an order.

Restaurant information, menus, and pickup orders

Each Atmosphera location may have different hours, prices, taxes, menu items, availability, and pickup instructions. Select the correct restaurant before ordering. Information may change without notice, and an item displayed online may become unavailable before an order is accepted.

Order requests and confirmation

• An order is not accepted until the Service displays an authoritative confirmation.
• We may reject, modify, or cancel an order when an item is unavailable, information is incorrect, or fulfilling it would be unsafe or impractical.
• You are responsible for providing an accurate name, phone number, selected restaurant, and order details.
• Pickup orders must be collected from the restaurant selected during checkout.

Prices, payment, cancellations, and refunds

Displayed totals may include applicable taxes. Unless checkout expressly offers an online payment method, payment is due at pickup and the public website does not collect payment-card details. Contact the selected restaurant promptly about changes, cancellations, or refunds. Any refund will be returned through the original payment method when applicable and as required by law.

Food information and allergies

Menu descriptions are informational and may not list every ingredient. Our kitchens handle common allergens, and cross-contact is possible. Tell the restaurant about allergies before ordering. Do not rely only on the website when an allergy or dietary restriction could create a health risk.

Guest reviews and other submissions

If you submit a review, note, or other content, you confirm that it is truthful, lawful, and yours to share. You grant us a non-exclusive, worldwide, royalty-free license to store, review, edit for length or clarity, and publish that content in connection with Atmosphera. We may reject or remove submissions that contain personal data, harassment, spam, unlawful material, or content unrelated to a genuine guest experience.

Acceptable use

You agree not to misuse the Service. In particular, you must not:

• break applicable law, impersonate another person, or submit fraudulent orders;
• interfere with the Service, probe for vulnerabilities, bypass access controls, or introduce malicious code;
• scrape, copy, or commercially exploit content except as permitted by law;
• infringe intellectual-property, privacy, publicity, or other rights; or
• submit offensive, threatening, deceptive, or inappropriate material.

We may restrict or terminate access when we reasonably believe these Terms have been violated.

Intellectual property and third-party services

The Service and its original text, branding, layout, software, and owned photographs are protected by applicable intellectual-property laws. Some photographs, icons, fonts, maps, and software may be licensed from their respective owners; their rights remain with those owners.

The Service may link to or embed services we do not control, including mapping and social platforms. Their terms and privacy practices apply when you use them. We are not responsible for third-party content, availability, or practices.

Disclaimers and limitation of liability

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” We do not promise uninterrupted availability or that every description, price, hour, or other item of information will always be error-free or current.

To the fullest extent permitted by law, KDS Restaurants LLC and its directors, employees, agents, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of or inability to use the Service. Nothing in these Terms excludes liability or consumer rights that cannot legally be excluded or limited.

Except where prohibited by law, you agree to indemnify and hold KDS Restaurants LLC harmless from third-party claims resulting from your unlawful misuse of the Service or material breach of these Terms.

Governing law and disputes

South Carolina law governs these Terms, without regard to conflict-of-law rules. Before starting formal proceedings, you and KDS Restaurants LLC agree to try to resolve a dispute through good-faith informal discussion. If that does not resolve the matter, the parties may agree to non-binding mediation with a mutually acceptable neutral mediator. Either party retains the right to pursue eligible claims in small-claims court or seek injunctive relief for misuse of intellectual property or confidential systems.

If any provision is held unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver of it.

Changes and contact details

We may update these Terms to reflect changes in law, restaurant operations, or the Service. The effective date above will change when a revision is posted. Continued use after an update means you accept the revised Terms.