Last updated: July 20, 2026

Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website at thefrostycone.com (the “Site”) operated by thefrostycone LLC(“we,” “us,” or “our”), which does business as The Frosty Cone in San Diego, California. We sell NZ-style real fruit ice cream at San Diego farmers markets and Southern California events. By using the Site, you agree to these Terms. If you do not agree, do not use the Site. Our Privacy Policy describes how we handle personal information across the Site, email, social media, and in-person sales.

Permitted use

You may use the Site for lawful purposes and in accordance with these Terms. You agree not to misuse the Site, interfere with its operation, attempt unauthorized access, or use automated means to scrape or overload our systems (including bypassing contact-form bot protection).

Website — no online ordering or payments

The Site is an informational and contact resource. We do not sell food, accept payments, or fulfill orders through the Site. Purchases and payments happen in person at our cart, farmers markets, and events.

Bookings and inquiries

You may contact us through the Site contact form, email at [email protected], or direct messages on Instagram, Facebook, or TikTok to ask questions, request bookings, or plan events. A message or inquiry does not create a binding reservation, catering contract, or obligation until we confirm details with you directly (for example, by email). Availability, pricing, menus, and service area are subject to our confirmation.

In-person payments

In-person card payments are processed through Square. We do not process payments on the Site. Square’s terms and privacy notice apply to payment transactions. We do not collect email addresses during in-person checkout as part of a marketing list.

Products, events, and availability

Information on the Site (including schedules, locations, and menus) is for general information only. Pop-up locations, hours, flavors, and availability may change due to weather, permits, supply, or other factors. We do not guarantee that any particular product will be available at any time.

Food, allergens, and cross-contact

We serve real fruit ice cream with dairy and plant-based (vegan) base options, prepared to order from a mobile cart. Please read this section carefully before purchasing if you or anyone you are ordering for has a food allergy, intolerance, or dietary restriction.

Shared equipment and cross-contact. Our dairy and plant-based bases are prepared using the same blending equipment, utensils, and prep surfaces. Despite cleaning between uses, cross-contact between dairy and non-dairy products is possible and should be expected. The terms “vegan,” “plant-based,” and “dairy-free” on our menu describe a product’s intended ingredients only — they are not a guarantee that the product is free of milk or any other allergen. Our plant-based options may not be suitable for people with a milk allergy.

Allergens present. Products and toppings available at our cart contain or may contain major food allergens, including without limitation:

Milk — dairy ice cream base and certain toppings
Peanuts — peanut butter drizzle and other toppings
Tree nuts — toppings and plant-based ingredients may contain or be produced alongside tree nuts (including coconut)
Wheat / gluten — waffle cones, cookie crumbles, and graham cracker toppings
Soy — chocolate, cookie, and certain plant-based ingredients
Egg — may be present in cones or toppings

All items are prepared and served in a shared space where these allergens are present. We are not an allergen-free facility and cannot guarantee that any item is free of any allergen. Our suppliers may also change ingredients or formulations without notice.

Ask before you order. Ingredient and allergen information on the Site or printed menus is provided for convenience only, may not reflect every batch or topping, and may be out of date. Always ask us in person at the cart before ordering — do not rely on the Site as your sole source of allergen information.

Assumption of risk. If you have a severe or life-threatening food allergy — including to milk, peanuts, or tree nuts — we recommend that you do not consume our products. If you choose to purchase or consume our products after these disclosures, you do so voluntarily and, to the fullest extent permitted by law, you assume the risk of exposure to allergens through ingredients or cross-contact.

Nothing on the Site is medical, nutritional, or dietary advice. Consult a qualified professional about your dietary needs.

Health permits and food safety

We operate under applicable California Retail Food Code requirements and permits issued by the County of San Diego Department of Environmental Health and Quality for mobile and temporary food facilities, and we prepare product in a licensed commissary kitchen as required. Permit documentation is available at our cart on request.

Refunds

Our products are made to order and perishable, so all sales are final once your order has been prepared and handed to you. If something is wrong with your order, tell us right away at the cart before leaving and we will do our best to make it right (replacement or refund at our discretion). Nothing in this section limits any non-waivable rights you may have under California consumer protection law.

Third-party links and services

The Site may include links to third-party websites (such as Google Maps, Instagram, Facebook, TikTok, or our insurance verification badge) or display map tiles from OpenStreetMap contributors via Leaflet. Cloudflare Turnstile may run on the contact form. Social platforms you use to message us, Square for payments, and Google Workspace for email each have their own terms and privacy policies. We are not responsible for third-party content or practices.

Intellectual property

The Site’s design, text, graphics, logos, and other content are owned by us or our licensors and are protected by copyright and other intellectual property laws. Do not copy, modify, or distribute content from the Site without our prior written permission, except as allowed by law.

Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Schedule, menu, and location information may change without notice.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE AMOUNT YOU PAID US FOR GOODS OR SERVICES DIRECTLY RELATED TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM (IF ANY). Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under California law.

Indemnity

To the extent permitted by law, you agree to defend and indemnify us against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Site or violation of these Terms.

Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For disputes that belong in court, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California, except that either party may seek injunctive relief in any court of competent jurisdiction.

Miscellaneous

Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding use of the Site and supersede any prior understandings on that subject. They do not modify any separate written agreement we sign with you (for example, a private event or catering agreement).

Changes

We may update these Terms from time to time. The updated Terms will be posted on this page with a new “Last updated” date. Continued use of the Site after changes constitutes acceptance of the revised Terms.