Last Updated: June 18, 2026

These Terms of Use (“Terms”) are a legally binding agreement between you and Ellianos, LLC (together with its affiliates, “Ellianos,” “we,” “us,” or “our”), governing your access to and use of our website (https://www.ellianos.com), franchising website (https://ellianosfranchising.com), online ordering platform (https://order.ellianos.com), mobile application (“App”), rewards and gift card programs, and any other activities or services offered through any of the foregoing (collectively, the “Services”).

By accessing, using, or otherwise interacting with the Services, you agree to be bound by these Terms and our Privacy Policy (https://ellianos.com/pages/privacy-policy) and you represent and warrant that: (a) you are of the age of majority in your jurisdiction; (b) all information you provide is true, current, and complete; and (c) if you are using the Services on behalf of another person or entity, you are authorized to bind them to these Terms. The Services are not directed to anyone below the age of majority, and use by minors requires the agreement and supervision of a parent or legal guardian. If you do not agree with these Terms and our Privacy Policy, do not access or use the Services.


1. Additional Terms

Certain features, products, or promotions may be subject to additional terms, conditions, guidelines, or policies, including promotional rules. If these Terms conflict with additional terms for a specific feature or offering, these Terms will prevail, unless the additional terms expressly state that they control with respect to that feature or offering. If you have entered into a separate written agreement with Ellianos governing specific Services, that agreement will control to the extent of any conflict with these Terms with respect to those Services.

2. Description of Services

The Services may include: (a) menu browsing and product descriptions; (b) store locator, mapping, and geolocation-enabled store information; (c) online ordering, guest checkout, pickup scheduling, and App-based ordering; (d) rewards, loyalty, points, tiers, perks, and promotions; (e) ecommerce for gift cards, merchandise, and related products; and (f) integrations with mobile wallets, ecommerce providers, payment processors, mobile application stores, delivery platforms, and other third-party tools. We may change, suspend, or discontinue any part of the Services at any time in our sole discretion.

Products, services, menu items, prices, promotions, ordering features, payment options, rewards, pickup, delivery, and other functionality may vary by store, device, platform, channel, and time, and may not be available at all locations.


3. Account Registration and Security

The Services may require or permit you to create an account. If you create an account, you agree to: (a) provide and maintain accurate, current, and complete information; (b) maintain the confidentiality of your username, password, and other credentials; (c) promptly notify us of any suspected unauthorized access to or use of your account; and (d) accept responsibility for all activity under your account. We are not liable for loss or damage arising from your failure to protect your credentials or from unauthorized account use.


4. Ordering, Payments, and Transactions

Orders. Our website, online ordering platform, and App allow you to place online orders for beverages, food, merchandise, gift cards, and other products for pickup at participating locations and, where available, delivery. We may accept, reject, limit, cancel, modify, or refuse any order, in whole or in part, including after submission or payment authorization, for any lawful reason. Pickup and delivery times are estimates only and are not guaranteed. You are responsible for arriving at the selected location on time and reviewing your order promptly upon receipt. Once an order has been prepared or tendered for pickup or delivery, it may not be cancelable or refundable except as required by law or expressly provided by us. Delivery, if offered, may be performed solely by third-party providers subject to their own terms, service areas, fees, and operational limitations.

Merchant of Record. Depending on the channel, product, and store selected, the merchant of record, seller, or fulfillment party may be Ellianos, an affiliate, an independently owned and operated franchisee, or a third-party. Availability, preparation times, substitutions, pricing, taxes, fees, promotions, hours, and fulfillment practices may vary by location and ordering channel.

Pricing; Fees. Prices, promotions, taxes, convenience fees, service fees, delivery fees, shipping charges, and other charges may change at any time without notice. Displayed prices may differ by store, location, order channel, App, website, or third-party platform.

Payment Authorization. By providing payment information, you authorize us and our processors to charge your payment method for all amounts due, and you represent that you are authorized to use that payment method.

Errors. The Services may contain inaccuracies or omissions, including those relating to product descriptions, ingredients, allergens, nutrition, images, availability, promotions, prices, or store information, and we may correct or update them at any time.

Substitutions; Location Errors. We may omit unavailable items or make reasonable substitutions where operationally appropriate. If you select the wrong pickup location or order from a location that cannot fulfill your order, we are not responsible for resulting delay, spoilage, or other loss.

Refunds; Returns; Finality of Sales. Except as required by law, expressly stated by us, or provided in a specific refund, return, or promotional policy, all sales are final, and any refund, credit, or replacement is at our discretion. Refund timing and amount may depend on applicable law and your payment processor or financial institution.

Merchandise Shipments. Title to and risk of loss for merchandise purchased through the Services pass to you upon our delivery to the carrier or, if fulfilled by a third-party, upon that party’s delivery to the carrier, except as otherwise required by law.

No Resale. You may not purchase products through the Services for unauthorized resale, distribution, or commercial exploitation.

5. Gift Cards

Ellianos offers physical or digital gift cards, stored value, promotional balances, or similar products (“Gift Cards”) through the Services or at participating locations. Gift Cards may be redeemable only at participating Ellianos locations or channels, and redemption may vary by store, website, App, ordering platform, and transaction type. Certain channels may not support Gift Card redemption. Gift Cards are not credit or debit cards, are not bank accounts, and, except as required by law, are not refundable, redeemable for cash, or replaceable if lost, stolen, damaged, altered, destroyed, or used without authorization. 

We are not liable for unauthorized use, delayed activation, technical issues affecting balance display or redemption, or the unavailability of Gift Card functionality on any channel. We may refuse, invalidate, suspend, cancel, or hold Gift Card transactions in cases of suspected fraud, unauthorized activity, technical error, violation of these Terms, or where required by law.

6. Rewards and Loyalty Programs

We may offer one or more rewards, loyalty, or promotional programs (collectively, the “Rewards Program”) through the Services, including our tiered rewards program with points or credits earned on eligible purchases, automatic conversion of qualifying earned points into reward value, sign-up and birthday offers, App-based ordering and exclusive offers, and Scan-to-Pay or Scan-for-Loyalty functionality. Participation is voluntary and subject to these Terms and any supplemental program terms we make available. Participation may require an account and certain information, including a valid email address, phone number, name, birth date, or other information needed to administer the Rewards Program. 

Points or Credits. Eligible purchases made through qualifying channels may earn points, credits, or other rewards. Earning rates, tier structures, qualification rules, exclusions, and bonus opportunities may vary by time, location, purchase type, or promotion. Unless expressly stated otherwise, points or credits may not be earned on taxes, tips, fees, Gift Card purchases, third-party delivery orders, ineligible catering orders, excluded promotional items, refunded purchases, transactions not associated with your account at the time of purchase, or other excluded transactions. Except where required by law, points, credits, and all other rewards have no cash value, are non-transferable, and may not be sold, bartered, gifted, combined across accounts, or redeemed for cash. Points, credits, and all other rewards may be redeemed only as we permit and may expire or be forfeited based on inactivity, program rules, offer terms, account closure, suspected abuse, violation of these Terms, or termination of the Rewards Program.

7. Franchise Disclaimer

Ellianos operates through a franchise system. Unless expressly identified otherwise, Ellianos-branded locations are independently owned and operated by franchisees. Each franchisee is an independent business and is not our agent, partner, joint venturer, employee, or representative for any purpose. Franchisees are solely responsible for operating their locations and for store-level matters, including staffing and employment, hours of operation, in-store pricing, local promotions, product availability and preparation, customer service, premises conditions, and compliance with applicable laws. To the fullest extent permitted by law, Ellianos is not liable for any claim, loss, damage, cost, or expense arising out of or relating to the acts or omissions of any independently owned and operated franchise, including any in-store transaction, pickup experience, food or beverage preparation, allergen exposure, service issue, pricing dispute, refund dispute, premises issue, employment matter, or other store-level occurrence.

8. Franchise Inquiries

Our franchising website allows you to submit inquiries about franchise opportunities with Ellianos. Information on our franchising website is general marketing content and is not a financial performance representation or guarantee from us regarding any business, financial, or operational result. Submitting an inquiry does not create a franchise relationship with us or an offer or commitment from us, and we may, in our sole discretion, accept, decline, or not respond to any inquiry. Franchises are offered only in states where we are registered or otherwise permitted to offer such franchises, and only through our required disclosure and franchise documents.

9. Third-Party Services

The Services may contain links to, integrations with, or functionality provided by third parties, including ecommerce providers, payment processors, mobile wallet providers, mobile application store providers, map and geolocation services, analytics providers, social media platforms, review sites, and delivery marketplaces. We do not control, are not responsible for, and make no representation, warranty, or guarantee regarding the content, policies, terms, availability, data practices, products, or services of any third-party. Your use of third-party services is at your own risk and subject to the terms and policies of those third parties. Links to third-party websites or applications do not imply endorsement, sponsorship, or affiliation unless expressly stated by us.

10. Intellectual Property

The Services, and all content included in or made available through them, including text, graphics, logos, icons, images, videos, audio, software, data compilations, page layouts, design elements, menus, product names, trademarks, service marks, trade dress, and other materials (“Ellianos Content”), are owned by or licensed to us. Nothing in these Terms should be construed as granting any license to use any Ellianos Content without the prior written consent of Ellianos specific for each such use. All goodwill generated from the use of any Ellianos Content inures to Ellianos’s benefit.

Except with our prior written consent, you may not: (a) reproduce, modify, distribute, display, perform, publish, transmit, create derivative works from, republish, or exploit any Ellianos Content; (b) reverse engineer, decompile, disassemble, scrape, frame, mirror, or otherwise access any non-public part of the Services; (c) remove or alter any copyright, trademark, or other proprietary notice; or (d) use the Services or Ellianos Content for commercial benchmarking, competitive analysis, data mining, training artificial intelligence or machine learning models or systems, or in any manner that may damage any goodwill in the Services or Ellianos Content.

We respect the intellectual property rights of others and prohibit users from submitting, uploading, posting, or otherwise transmitting infringing material through the Services. If you believe material available through the Services infringes intellectual property rights, please notify us via the contact information provided at the end of these Terms.

11. User Conduct

You agree not to use the Services in any manner that: (a) violates any applicable law or third-party rights; (b) is fraudulent, deceptive, misleading, abusive, harassing, defamatory, obscene, or otherwise objectionable; (c) interferes with, disrupts, damages, or compromises the Services or related systems; (d) circumvents or attempts to circumvent any security feature, access control, or usage limitation; (e) uses any robot, spider, scraper, bot, crawler, script, automation, or similar means to access, collect data from, or interact with the Services without our prior written consent; (f) introduces malware, viruses, malicious code, or harmful material; (g) attempts to gain unauthorized access to any account, network, server, or data; (h) uses the Services for resale, commercial exploitation, or unauthorized promotional activities; (i) submits false or misleading information, including false payment information, false location information, or fraudulent refund claims; (j) manipulates rewards, promotions, reviews, ratings, or store metrics; (k) impersonates any person or entity or misrepresents affiliation; or (l) otherwise uses the Services in a manner inconsistent with their intended purpose.

12. User Content

If you submit or post reviews, comments, suggestions, ideas, ratings, testimonials, photos, messages, feedback, survey responses, or other content to us or through the Services (“User Content”), you grant us a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, create derivative works of, and otherwise exploit that User Content in any media and for any lawful purpose. You represent and warrant that you own or control all rights in your User Content and that your User Content does not violate these Terms, any law, or any third-party right. We reserve the right to monitor, review, edit, or remove User Content in our sole discretion.

13. Mobile Application

If you access the Services through our App, your wireless carrier’s rates and fees may apply. You are responsible for maintaining a compatible device, operating system, internet access, and updated App version as may be required for proper functionality. We may deliver or require updates, patches, bug fixes, or new versions of the App at any time, and some features may not function properly unless you install updates. By using the App made available through a third-party mobile application store provider (“App Store”), you acknowledge that: (a) these Terms are between you and us, not with the App Store; (b) the App Store has no obligation to provide maintenance or support for the App except as required by law; (c) the App Store is not responsible for claims relating to the App or your possession or use of it, except as required under the applicable App Store terms; and (d) you will comply with any applicable third-party terms when using the App.

14. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, ELLIANOS CONTENT, MATERIALS OR FUNCTIONALITY MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AT YOUR SOLE RISK, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICES, ELLIANOS CONTENT, MATERIALS OR FUNCTIONALITY ARE CURRENT OR UP TO DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ELLIANOS, ITS AFFILIATES AND FRANCHISEES. TO THE EXTENT ANY DISCLAIMERS ARE PROHIBITED BY LAW IN CERTAIN JURISDICTIONS, SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. NO ADVICE, INFORMATION, OR STATEMENT, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Specific Disclaimers. We do not warrant that: (a) any of the Services will be uninterrupted, timely, secure, available, error-free, or free of viruses or other harmful components; (b) defects or errors will be corrected; (c) menu items, descriptions, ingredients, allergen or nutritional information, images, prices, fees, promotions, reward values, store hours, store locations, availability, or lead times are accurate, complete, current, or suitable for your needs or preferences; (d) any order will be accepted, processed, fulfilled, available for pickup, or delivered within any stated or expected timeframe; (e) any item is available, free of allergens or other substances, or suitable for your individual dietary needs or preferences; or (f) any product or service made available through the Services will meet your expectations.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELLIANOS, ITS AFFILIATES AND FRANCHISEES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN THE EVENT OF PROBLEMS WITH THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, YOUR SOLE REMEDY IS TO STOP USING THEM AND, WHERE APPLICABLE, SEEK ANY REFUND OR OTHER RELIEF EXPRESSLY MADE AVAILABLE UNDER THESE TERMS OR REQUIRED BY LAW. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ELLIANOS FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ELLIANOS THROUGH THE SERVICES FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS ($50.00).

16. Indemnification

You agree to defend, indemnify, and hold harmless Ellianos, its affiliates and franchisees, and their respective officers, directors, members, managers, employees, agents, and representatives from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your violation of these Terms; (b) your misuse of the Services; (c) your fraud, negligence, willful misconduct, or unauthorized, deceptive, or unlawful activity; (d) User Content; or (e) any dispute with a third-party to the extent caused by your acts or omissions. 

Ellianos may, at its option, assume the defense and control of any matter subject to indemnification, in which case you agree to cooperate as reasonably requested. You may not settle any matter subject to indemnification without Ellianos’s prior written consent.

17. Termination

We may, at any time and without prior notice, suspend, investigate, or terminate your access to all or any part of the Services for any lawful reason, including if we believe you have violated these Terms, engaged in fraud or abuse, created risk or legal exposure, or interfered with the proper operation of the Services. You may stop using the Services or delete your account at any time, subject to record-retention obligations and applicable law.

Upon termination, all rights granted to you under these Terms immediately cease. Sections that by their nature should survive termination will survive, including those regarding intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, class action waiver, and governing law.

18. Disputes

Governing Law; Venue. These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles, except to the extent preempted by the Federal Arbitration Act (“FAA”). If the arbitration provisions below do not apply to a particular dispute, the state and federal courts located in Columbia County, Florida have exclusive jurisdiction, and you and we each irrevocably consent to the personal jurisdiction and venue of those courts.

Informal Resolution. Before commencing formal dispute resolution, you and Ellianos agree to first try to resolve the dispute informally. To initiate informal resolution, you must send written notice to Ellianos at the contact information provided below describing the nature of the dispute, the facts giving rise to it, and the relief sought. If the dispute is not resolved within sixty (60) days after receipt of the notice, either party may proceed as permitted below. Compliance with this informal procedure is a condition precedent to initiating arbitration.

Arbitration Agreement. EXCEPT FOR (A) INDIVIDUAL ACTIONS BROUGHT IN SMALL CLAIMS COURT; (B) CLAIMS SEEKING ONLY TEMPORARY, PRELIMINARY, OR PERMANENT INJUNCTIVE RELIEF TO PROTECT INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION, OR DATA SECURITY; OR (C) CLAIMS THAT APPLICABLE LAW DOES NOT PERMIT TO BE ARBITRATED, YOU AND ELLIANOS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. This arbitration agreement is governed by the FAA and evidences a transaction involving interstate commerce. The arbitrator may award only the same individualized relief that a court could award under applicable law and these Terms and may not award relief for or against anyone other than the party seeking relief. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any representative, class, collective, coordinated, consolidated, or mass proceeding. 

Opt-Out. You may opt out of this arbitration agreement by sending written notice to Ellianos within thirty (30) days after you first become subject to these Terms. Your opt-out notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. If you timely opt out, neither party will be bound by the arbitration requirement in this section, but the class action waiver and jury trial waiver will remain in full force and effect.

Arbitration Procedures. If the dispute is not resolved within sixty (60) days after initiation of the informal resolution process as described above, you may file a demand for arbitration with the American Arbitration Association (“AAA”). The arbitration will be administered by AAA under its Consumer Arbitration Rules then in effect, except as may be modified by these Terms. Arbitration may be conducted on the papers, by remote proceeding, or in person, as permitted by the applicable rules. Unless otherwise required by AAA rules or applicable law, an in-person hearing, if any, will take place in the county where you reside or another mutually agreed location. 

Class Action Waiver; Jury Trial Waiver. YOU AND ELLIANOS EACH, WITH RESPECT TO ANY DISPUTE OR CLAIM, WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. IF ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ELLIANOS EACH FURTHER WAIVE ANY RIGHT TO A JURY TRIAL.

Time Limitation for Claims. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE; OTHERWISE, THE CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.

19. Updates to these Terms

We may update these Terms at any time in our sole discretion. When we update these Terms, we will update the date at the top of these Terms. If we make material changes, we will provide notice consistent with applicable laws. Changes will become effective when posted, and your continued use of the Services after an update constitutes agreement to these Terms as revised. 

20. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous understandings regarding their subject matter. 

Waivers. Our failure to enforce any provision of these Terms does not waive that provision or any other provision. No waiver of any provision of these Terms will be effective unless in writing and signed by an authorized representative of Ellianos.

Severability. If any provision of these Terms is held unlawful, void, or unenforceable by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible as to give the intended effect thereof, and the remaining provisions will remain in full force and effect. 

Assignment. You may not assign or transfer these Terms or any rights or obligations under them. We may assign these Terms, in whole or in part, at any time without notice to you. Any assignment in violation of the foregoing is void.

No Third-Party Beneficiaries. Except as expressly provided in these Terms, these Terms do not confer rights, benefits, or remedies on any third-party.

Force Majeure. We are not liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, weather events, natural disasters, labor disputes, supply shortages, utility outages, telecommunications failures, cyber incidents, epidemics or pandemics, governmental actions, civil unrest, or transportation disruptions.

21. Contacting Us

If you have any questions, concerns, or comments about these Terms, or if you would like to exercise any of your rights as provided herein, please email: privacy@ellianos.com

You may also write to us at: Ellianos, LLC, 426 SW Commerce Drive, Suite 130, Lake City, FL 32025. Attn: Privacy.

If your inquiry concerns a particular store experience, order issue, or location-specific matter, you may need to contact the applicable store or franchise location directly.