Thank you for visiting this website, owned and operated by Aco Bakery Inc., d/b/a Spot Dessert Bar ("Spot," "we," "us," or "our"). These Terms of Use ("Terms") govern your use of the Spot Dessert Bar website located at www.spotdessertbar.com and our online ordering site at spotdessertbar-a479r1z2.toast.site/order, any successor sites we establish that reference these Terms, and any data or content available through such sites (collectively, the "Site"), and form a binding legal agreement between you and Spot. BY USING, VISITING, OR BROWSING THE SITE, OR BY REGISTERING FOR AN ACCOUNT OR PLACING AN ORDER, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree, please do not use the Site.

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1. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business, technology, or legal requirements. The "Last updated" date at the top of this page reflects the most recent revision. Your continued use of the Site after changes are posted constitutes your acceptance of those changes. We encourage you to check this page periodically.

Automated access to the Site — including through bots, scrapers, or scripts — is strictly prohibited and may result in liability under the Computer Fraud and Abuse Act and/or applicable state and international law.

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2. Orders, Purchase & Payment

• Menu items, descriptions, images, and prices are provided for informational purposes and are subject to change without notice.

• All orders are subject to availability. We reserve the right to limit order quantities, refuse or cancel any order, or impose conditions on the use of any promotional or discount code, at our discretion.

• Payment is due at the time an order is placed, whether through our website, our online ordering platform, or in person.

• Unless required by law or stated otherwise at checkout, purchases are final and non-refundable, and any service fees or charges applied are also non-refundable.

• You are responsible for all applicable taxes associated with your purchase.

• For catering or private event orders, the specific catering agreement or invoice you receive governs the terms of that order and supplements these Terms.

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3. Accounts

Certain features of the Site — including online ordering, reservations, and loyalty rewards — may require you to create an account. By creating an account, you represent that all information you provide is accurate and complete, and you agree to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, and you agree to notify us promptly of any unauthorized use. By creating an account, you represent that you are at least 18 years of age, or that you are using the Site with the consent and supervision of a parent or guardian.

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4. Privacy

Any personal information you submit through the Site is handled in accordance with our Privacy Policy at www.spotdessertbar.com/privacy-policy, which is incorporated into these Terms by reference. We do not knowingly collect personal information from children under 13.

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5. Third-Party Sites & Services

The Site may link to, or integrate with, third-party platforms — including delivery partners, payment processors, reservation systems, and social media. We do not control and are not responsible for the content, accuracy, or privacy practices of any third-party site or service. Before providing personal information to a linked third-party site, review that site's own terms and privacy policy. These Terms do not apply to third-party sites, and Spot has no liability for any loss or damage arising from your use of them.

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6. User Content & Conduct

If you submit reviews, photos, comments, or tag us on social media, you grant Spot a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content for marketing and promotional purposes. You are solely responsible for content you share and confirm you have the right to share it.

When using the Site, you agree that you will not:

• Post or transmit content that is unlawful, defamatory, obscene, threatening, or otherwise objectionable;

• Infringe on the intellectual property, privacy, or other rights of any third party;

• Use the Site to send unsolicited commercial communications, harvest user data, or engage in unauthorized commercial solicitation;

• Attempt to disrupt, overburden, or interfere with the proper functioning of the Site, or bypass any security features;

• Impersonate any person or entity or provide false information when creating an account or placing an order.

We reserve the right, but have no obligation, to remove any content we deem objectionable and to restrict or terminate access to the Site for any user who violates these Terms.

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7. Intellectual Property

All content on the Site — including text, recipes, photography, graphics, videos, and design elements — along with the Spot Dessert Bar name, logo, and related marks, is owned by or licensed to Aco Bakery Inc. and protected by copyright, trademark, and other intellectual property laws. Content is provided for your personal, non-commercial use only. You may not copy, reproduce, distribute, modify, or create derivative works from any Site content without our prior written consent.

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8. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. We do not guarantee that the Site will be uninterrupted, secure, or error-free, or that menu, pricing, or availability information is always current. While we take care in food preparation, we do not warrant that any item is free of allergens or cross-contact; guests with food allergies or dietary restrictions should always inform staff before ordering.

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9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPOT DESSERT BAR, ACO BAKERY INC., AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE, including but not limited to loss of data, loss of profits, or costs of substitute services, whether based in contract, tort, or otherwise. Where applicable law does not permit the exclusion of certain damages, our liability is limited to the fullest extent the law allows.

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10. Indemnification

You agree to defend, indemnify, and hold harmless Aco Bakery Inc., its affiliates, and their respective officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Site, your violation of these Terms, or your violation of any third party's rights.

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11. Termination

We may suspend or terminate your access to the Site, or any account, at any time and for any reason, without notice or liability to you. Sections of these Terms that by their nature should survive termination — including Sections 5 through 12 — will continue to apply.

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12. Governing Law & Disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Any dispute arising from these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction and venue there.

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13. Site Management

We may, but are not obligated to, monitor the Site for compliance with these Terms, restrict or remove content that violates this Agreement or applicable law, and report violations to law enforcement where appropriate. We reserve the right to deny access to the Site to any person, for any reason, in our sole discretion.

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14. Miscellaneous

These Terms constitute the entire agreement between you and Spot Dessert Bar regarding your use of the Site and supersede any prior agreements on this subject. Our failure to enforce any provision of these Terms does not waive our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

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15. Contact Us

Aco Bakery Inc. d/b/a Spot Dessert Bar  contact@spotdessertbar.com www.spotdessertbar.com

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This Terms of Use is intended as a starting template based on common restaurant/e-commerce ToS conventions and should be reviewed by legal counsel before publication to confirm it fits Spot's specific operations, order platform (Toast), and applicable state law.