TERMS OF SERVICE

Last updated: November 11, 2025

Welcome to Pingus (“Pingus,” “we,” “our,” “us”). These Terms of Service (“Terms”) govern your access to and use of our website, online ordering Storefront, and any related services (the “Services”). By using our Services, you agree to these Terms.

1. Use of Our Services

You must be at least 13 years old to use our website and 18 to place an order. You agree to provide accurate information and follow all applicable laws.

2. Online Ordering

Pingus provides online ordering through a third-party platform (DoorDash Storefront). By placing an order, you acknowledge that:
• Delivery and pickup times are estimates.
• Courier performance may affect delivery.
• Orders may be canceled due to safety, availability, or technical issues.

3. Prices and Payments

Prices are shown before tax and fees. Payments are processed securely by third-party processors. We do not store complete card information.

4. Refunds, Credits, and Order Issues

Because food is perishable, Pingus generally does not offer refunds once an order is prepared. Credits or replacements may be offered for:
• Missing items
• Incorrect orders
• Quality concerns reported within 24 hours

5. Allergens and Food Safety

Our food is prepared in a shared kitchen environment. Cross-contact with allergens may occur, including dairy, wheat/gluten, soy, eggs, fish, shellfish, nuts, or seeds.

6. Marketing Communications

By providing an email or phone number, you consent to receive order updates and marketing messages. You may opt out anytime through unsubscribe links or by replying STOP to SMS.

7. Intellectual Property

All logos, branding, designs, and content are owned by Pingus Mexican Grill / First Bite Theory LLC. You may not copy, modify, or distribute our content without permission.

8. Limitation of Liability

Pingus is not liable for delivery delays, website interruptions, food reactions, or damages resulting from misuse of the Services. Liability is limited to the amount paid for the order.

9. Privacy

Your use of our Services is subject to our Privacy Policy.

10. Changes to These Terms

We may update these Terms at any time.

11. Contact Us

Pingus / First Bite Theory LLC
949 Ruff Dr, Kitchen #13
San Jose, CA 95110
Email: support@firstbitetheory.com
Phone: 925-202-8679