Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at pizz-mods.digital (the "Website") or any services offered by Mod Pizza ("Company," "we," "us," or "our"). By accessing or using our Website or services, you agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue your use of our Website and services.

1. Acceptance of Terms

By visiting, browsing, registering an account on, or otherwise using the Website at pizz-mods.digital, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding contract between you and Mod Pizza.

If you are accessing or using our Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" shall refer to such entity. If you lack such authority, you must not accept these Terms or use the Website on behalf of such entity.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to use our Website and services. By agreeing to these Terms, you represent and warrant that you meet this age requirement. If you are under 18, you may only use our Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Mod Pizza operates as a food service business providing customers with the ability to browse our menu offerings, place orders online, schedule pickup or delivery, manage loyalty rewards, and engage with food-related content and promotions through our Website at pizz-mods.digital. Our services include, but are not limited to, the following:

• Online Ordering: Customers may place orders for food products, including customized pizzas and related food items, for pickup or delivery through our Website.
• Menu Information: We provide detailed information about our menu, including ingredients, nutritional data, and pricing for all available items.
• Account Management: Registered users may create and manage personal accounts to track order history, save favorite orders, and manage preferences.
• Loyalty Rewards Program: Eligible users may participate in our rewards program, subject to separate terms and conditions governing that program.
• Promotions and Special Offers: From time to time, we may offer coupons, discounts, limited-time promotions, or special deals accessible through the Website.
• Customer Support: We provide customer service assistance for inquiries, complaints, order issues, and general support related to our food services.
• Catering and Group Orders: We may offer catering services or group ordering options for large events, subject to availability and additional terms.

We reserve the right to modify, suspend, discontinue, or expand any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

All food items are subject to availability. Prices, menu items, and promotions are subject to change without notice. We do not guarantee that any specific item will be available at any given time.

3. User Accounts and Registration

Certain features of our Website require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials, including your password;
• Immediately notify us at [email protected] of any unauthorized use of your account or any other breach of security;
• Accept full responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account at any time if we believe that your account information is inaccurate, false, or in violation of these Terms. You may not create more than one personal account. Accounts are non-transferable and may not be sold, traded, or assigned to any other person.

4. User Obligations and Prohibited Activities

As a condition of your use of our Website and services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree that you will not:

• Use the Website for any unlawful purpose or in any manner inconsistent with these Terms;
• Engage in any fraudulent activity, including but not limited to submitting false orders, using stolen payment information, or creating fake accounts;
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to our Website;
• Use any automated device, software, process, or means to access, retrieve, scrape, or index any portion of the Website, including but not limited to robots, spiders, or scrapers;
• Transmit any viruses, malware, spyware, or any other malicious or harmful code through the Website;
• Interfere with or disrupt the integrity, security, or performance of the Website or its infrastructure;
• Post, upload, or transmit any content that is defamatory, obscene, offensive, hateful, harassing, threatening, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Collect or harvest any personally identifiable information from the Website without authorization;
• Use the Website to send unsolicited communications, spam, chain letters, or other forms of unauthorized advertising;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or system used in connection with the Website;
• Circumvent, disable, or otherwise interfere with security features of the Website;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content without our express written permission;
• Abuse our promotions, coupons, or rewards programs, including creating multiple accounts to exploit offers;
• Engage in any conduct that restricts or inhibits any other person from using or enjoying the Website.

We reserve the right, at our sole discretion, to investigate and take appropriate legal action against anyone who violates these prohibitions, including reporting such users to law enforcement authorities and terminating their access to our Website.

5. Ordering, Pricing, and Payment Terms

When you place an order through our Website, you are making an offer to purchase food products subject to these Terms. We reserve the right to accept or reject any order at our discretion. An order confirmation sent to your email does not constitute acceptance of your order; acceptance occurs when we confirm preparation of your order.

5.1 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to applicable sales tax as required by federal, state, and local law. Prices are subject to change without prior notice. In the event of a pricing error, we reserve the right to cancel orders placed at incorrect prices and notify you accordingly.

5.2 Payment

We accept payment through various methods as displayed on the Website at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You will promptly update your payment information if it changes.

All payment transactions are processed through secure third-party payment processors. We do not store your full credit card information on our servers. By providing payment information, you authorize us to charge the applicable amount to your selected payment method.

5.3 Cancellations and Refunds

Due to the perishable nature of food products, all sales are generally final once your order has been prepared. If you need to cancel an order, please contact us immediately at [email protected]. Cancellations may only be accepted before order preparation has begun. Refunds, if applicable, will be processed in accordance with our Refund Policy, which is available on our Website. We reserve the right to issue refunds at our sole discretion on a case-by-case basis.

5.4 Delivery

Delivery availability, times, and fees are subject to change based on your location and operational capacity. Estimated delivery times are approximate and not guaranteed. We are not responsible for delays caused by factors beyond our reasonable control, including traffic, weather conditions, or third-party delivery partners.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and arrangement of such content (collectively, the "Content"), is the exclusive property of Mod Pizza or its content suppliers and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

The Mod Pizza name, logo, and all related product and service names, designs, and slogans are trademarks of Mod Pizza or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our intellectual property terminates the license granted herein. We reserve all rights not expressly granted in these Terms.

7. User-Generated Content

If you submit, post, or upload any reviews, comments, photos, feedback, suggestions, or other content ("User Content") to our Website or social media channels, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media format or channel now known or later developed, for any purpose, without compensation to you.

You represent and warrant that your User Content does not infringe any third-party intellectual property rights, privacy rights, or any other legal rights, and that you have all necessary rights and permissions to grant the above license. We reserve the right to remove any User Content at our sole discretion without notice.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOD PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES.

We make no warranty that the Website will meet your requirements or that defects will be corrected. Any material downloaded or otherwise obtained through use of the Website is done at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download.

Menu items, nutritional information, and ingredient descriptions provided on our Website are for informational purposes only and may not be fully accurate or complete. We make no representation or warranty regarding allergen information. If you have food allergies or dietary restrictions, please contact us directly before ordering.

Nothing in these disclaimers shall exclude or limit our liability for death or personal injury resulting from our negligence, fraud, or any other matter that cannot be excluded or limited by applicable United States law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS;
• LOSS OF DATA OR INFORMATION;
• LOSS OF GOODWILL;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• ANY OTHER INTANGIBLE LOSSES,

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or services in an unauthorized manner;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or consumer protection right;
• Your User Content or any content you submit, post, or transmit through the Website;
• Your negligent or wrongful conduct;
• Any claim by a third party arising from your use of our Website or services.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with our defense of such claims. You shall not settle any claim covered by this section without our prior written consent.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Mod Pizza. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not endorse or make any representations about such third-party sites or any information, products, or services found therein.

We strongly advise you to read the terms of service and privacy policies of any third-party websites that you visit. Your access and use of third-party sites is solely at your own risk, and you acknowledge that Mod Pizza shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.

12. Food Safety and Allergen Disclaimer

Mod Pizza takes food safety seriously. However, our food is prepared in facilities that may handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, and shellfish. We cannot guarantee that any menu item is completely free of allergens. Cross-contamination may occur during preparation.

If you have a known food allergy, intolerance, or dietary restriction, you are strongly encouraged to contact us directly at [email protected] before placing an order to discuss your specific needs. Mod Pizza shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our food products where you have failed to disclose relevant dietary restrictions or where you have been made aware of potential allergen risks.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Mod Pizza is registered and operates, without regard to its conflict of law provisions.

By using our Website, you consent to the personal jurisdiction of the state and federal courts located in the United States for the resolution of any disputes arising out of these Terms or your use of our Website. You hereby waive any objection to the laying of venue of any such proceeding in such courts and waive any claim that such proceeding has been brought in an inconvenient forum.

These Terms shall also be subject to applicable federal laws of the United States, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45 et seq., which governs unfair or deceptive business practices. If Mod Pizza operates in or serves customers in California, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) may also apply to the handling of personal information, as further described in our Privacy Policy.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Website informally by contacting us at [email protected]. We will use reasonable efforts to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within this period, either party may proceed with formal dispute resolution as described below.

14.2 Binding Arbitration

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF THE WEBSITE OR SERVICES, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT.

The arbitration shall be conducted in the English language and shall take place in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

14.3 Class Action Waiver

YOU AND MOD PIZZA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Mod Pizza agree, no arbitrator or court may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

14.4 Small Claims Court

Notwithstanding the arbitration provision above, either party may bring an individual claim in small claims court if the claim qualifies under applicable small claims court rules, provided that the claim remains in such court and is not removed or appealed to a court of general jurisdiction.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use or access our Website and services. We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Website and services, with or without notice, for any reason, including but not limited to:

• Breach of any provision of these Terms;
• Conduct that we believe is harmful to other users, third parties, or our business interests;
• Failure to pay any amounts owed to us;
• Your request for account deletion;
• Extended periods of account inactivity;
• Discontinuation of our services.

Upon termination of your access for any reason, your right to use the Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

If you wish to terminate your account voluntarily, you may do so by contacting us at [email protected] with a request for account deletion. Termination of your account does not release you from any obligations or liabilities incurred prior to the date of termination.

16. Changes to Terms

We reserve the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will take reasonable steps to notify you, which may include posting a prominent notice on our Website, sending an email to the address associated with your account, or updating the "Last Updated" date at the top of this page.

Your continued use of the Website or services following the effective date of any revised Terms constitutes your acceptance of the new Terms. If you do not agree with the updated Terms, you must stop using our Website and services immediately and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any changes. The most current version of these Terms will always be available on our Website at pizz-mods.digital.

17. Severability

If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable under applicable law, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely reflects the original intent of the parties.

The failure of Mod Pizza to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Mod Pizza.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions published by us on the Website, constitute the entire agreement between you and Mod Pizza concerning your use of our Website and services, and supersede all prior agreements, representations, warranties, and understandings between you and us with respect to the subject matter hereof.

In the event of any conflict between these Terms and any other agreement you may have with us, these Terms shall govern unless expressly stated otherwise in a separately executed written agreement signed by an authorized representative of Mod Pizza.

19. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from us, including emails, text messages (if you have opted in), and notifications through the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent applies to all notices, agreements, and disclosures required to be provided by applicable law.

20. Force Majeure

Mod Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government restrictions, acts of war or terrorism, labor disputes or shortages, power outages, supply chain disruptions, internet service provider failures, or any other event beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of the event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to contact us for any reason related to your use of our Website or services, please reach out to us using the contact information below:

We will make every effort to respond to your inquiry within a reasonable timeframe, generally within five (5) to ten (10) business days. For urgent matters, please indicate the nature of your inquiry in the subject line of your email.

For legal notices, including notices of alleged copyright infringement or formal legal claims, please clearly mark your communication as "Legal Notice" and direct it to the email address listed above. Legal notices sent by other means may not be recognized as valid.