BORA BORA FRANCHISING INC. (DBA BORA BORA SMOOTHIE CAFE)

Terms & Conditions Effective Date: September 12, 2025 These Terms & Conditions (“Terms”) govern your access to and use of the websites, mobile applications, ordering services, loyalty program, and other online or digital services (collectively, the “Services”) offered by Bora Bora Franchising Inc. (d/b/a Bora Bora Smoothie Cafe) (“Bora Bora,” “we,” “us,” or “our”). By accessing or using the Services, placing an order, registering for an account, or using our mobile application, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Services.

  1. Scope and Acceptance

These Terms apply to:
Supplemental terms (e.g., for promotions, sweepstakes, or specific services) may apply and are incorporated by reference.

  1. Franchisee Note / Merchant of Record

Bora Bora Franchising Inc. is the franchisor and brand owner of the Bora Bora Smoothie Cafe system. However, most Bora Bora Smoothie Cafe restaurants are independently owned and operated by franchisees. Each franchisee is a separate legal entity solely responsible for the operations of its location, including order fulfillment, refunds, taxes, and local data practices. For in-store purchases and orders fulfilled by a franchise location, the franchisee — not Bora Bora Franchising Inc. — is the merchant of record. Bora Bora Franchising Inc. does not process or settle payments for the majority of in-store transactions. The merchant of record for your order will always be identified at checkout or on your receipt.

  1. Changes to Terms

We may modify these Terms or the Services at any time. Material changes will be posted with reasonable notice. Continued use of the Services after notice constitutes acceptance of the updated Terms.

  1. Accounts, Registration & Age Requirements

You must provide accurate information when creating an account and maintain the security of your credentials. You are responsible for all activities under your account. The Services are intended for individuals 16 years of age or older. If you are under 16, do not submit Personal Information. Parents or guardians who believe a child has submitted information should contact us immediately.

  1. Orders, Payment, Pricing & Refunds

Ordering Channels. Orders may be placed through our Site/App or through third-party platforms (e.g., Toast, Uber Eats, DoorDash, Grubhub). Each channel may have different fees and terms. Merchant of Record & Fulfillment. Each Bora Bora Smoothie Cafe franchisee is the merchant of record for orders at its location. Franchisees — not Bora Bora Franchising Inc., are responsible for payment processing, order fulfillment, refunds, taxes, and in-store customer service. The merchant of record for your order will always be shown at checkout and on your receipt. Pricing & Availability. Menu items, prices, and availability vary by location and may change at any time. We reserve the right to correct errors and cancel orders. Payments. Payments are processed by third-party providers. Neither Bora Bora nor its franchisees store full cardholder data except as explicitly disclosed and only in compliance with PCI DSS standards. Refunds & Cancellations.

Refunds, when approved, will be returned to the original payment method when practical.

  1. Loyalty Program — Bora Rewards

By enrolling in Bora Rewards, you agree to the program terms and data uses described in our Privacy Policy. Current Program Mechanics:


Points have no cash value and may not be transferred. Mechanics may vary by location and promotion.

  1. Third-Party Platforms & Vendors

We partner with third-party vendors (e.g., Toast POS, Uber Eats, DoorDash, Grubhub, payment processors, analytics providers). These vendors may process Personal Information to provide services.
Links to vendor privacy policies will be posted on our Privacy Policy page.

  1. Cookies, Tracking & Advertising

We use cookies and similar technologies. Non-essential cookies are set only after consent via our consent management platform (CMP). We provide opt-outs for targeted advertising via the NAI and DAA tools. We honor recognized browser privacy signals (such as Global Privacy Control) as required by law.

  1. Privacy & Consumer Rights

Our Privacy Policy explains our data practices, retention, and consumer rights (including those under California and Virginia law). To exercise privacy rights, email Hi@boraborausa.com or use our privacy web form.

  1. Security, Retention & Breach Notification

We implement reasonable safeguards to protect Personal Information. Retention Periods:


If a qualifying breach occurs, we will notify affected individuals and regulators as required by law.

  1. Accessibility

We strive to follow WCAG standards. Report accessibility issues to Hi@boraborausa.com.

  1. Intellectual Property

All rights in the Services, content, and trademarks are owned or licensed by Bora Bora. You may not use them without our prior written permission.

  1. User Content

You retain ownership of content you submit but grant Bora Bora a worldwide, royalty-free license to use, reproduce, and display it in connection with the Services. User Content must not violate any rights or laws. We may remove or refuse to display content at our discretion.

  1. Health & Allergen Information
    Ingredient and allergen information is available upon request. While we take care in preparation, cross-contact may occur. Customers are responsible for reviewing allergen information and informing staff of any dietary restrictions or allergies.


  1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BORA BORA AND ITS AFFILIATES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. Our total liability shall not exceed the greater of: (a) the amount paid by you for the transaction giving rise to the claim, or (b) $100 if no purchase was made.

  1. Indemnification

You agree to indemnify and hold harmless Bora Bora and its affiliates for any claims arising out of your breach of these Terms or misuse of the Services.

  1. Dispute Resolution, Arbitration & Class Action Waiver



  1. International Use

The Services are intended for U.S. users. If you access them outside the U.S., you are responsible for compliance with local laws.

  1. Notices

Notices to Bora Bora should be sent to: Bora Bora Franchising Inc. Attn: Legal/Privacy 3 Parklane Blvd, Ste 700 West Dearborn, MI 48126 Email: Hi@boraborausa.com

  1. General Provisions



  1. Contact

For questions or concerns, contact: Hi@boraborausa.com Privacy Policy & request form: https://boraborausa.com/privacy