Terms of Service

Please read these Terms of Service carefully before using the website located at modpizza-eat.digital or any related services offered by Mod Pizza. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Mod Pizza ("Company," "we," "us," or "our"), the operator of the website modpizza-eat.digital (the "Website"). By accessing or using the Website, creating an account, placing an order, subscribing to any promotional material, or otherwise using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are using our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such a case, "you" and "your" will refer to both you and the entity you represent.

You must be at least eighteen (18) years of age to use our services. By using this Website, you represent and warrant that you meet this minimum age requirement. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

Your continued use of the Website after any modifications to these Terms are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates or changes.

2. Description of Services

Mod Pizza is a food service business operating in the United States. Through our Website at modpizza-eat.digital, we offer the following services:

• Online Food Ordering: Customers may browse our menu, customize their orders, and place orders for pickup or delivery through our Website or affiliated platforms.
• Menu Information: We provide detailed information about our food offerings, including ingredients, allergen information (to the best of our ability), pricing, and nutritional content where available.
• Account Management: Users may create and manage personal accounts to track orders, save preferences, earn loyalty rewards, and receive personalized offers.
• Loyalty and Rewards Programs: We may offer rewards programs, promotional discounts, special offers, and loyalty benefits to registered users, subject to separate program terms and conditions.
• Customer Support: We provide customer service assistance via the contact information listed in these Terms to address order-related concerns, complaints, or inquiries.
• Promotional Communications: With your consent, we may send you marketing communications, offers, and updates about new menu items, promotions, and special events.

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

Menu items, prices, availability, and service areas are subject to change without prior notice. All orders are subject to product availability. In the event an item is unavailable after your order is placed, we will notify you as soon as reasonably practicable and offer alternatives or a refund, as appropriate.

3. User Accounts and Registration

Certain features of our Website require you to register for an account. When creating 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 account credentials, including your password.
• Accept full responsibility for all activities that occur under your account.
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse registration, cancel an account, or remove content at our sole discretion if we determine that a user has violated these Terms or engaged in behavior that is harmful to our business, employees, customers, or community.

You may not create an account using someone else's name or information, impersonate any person or entity, or use false or misleading information. You are solely responsible for any consequences arising from your failure to maintain account security.

4. User Obligations and Prohibited Activities

As a condition of using our Website and services, you agree to comply with all applicable federal, state, and local laws, regulations, and ordinances. You further agree not to engage in any of the following prohibited activities:

4.1 General Prohibitions

• Using the Website for any unlawful purpose or in violation of any applicable law or regulation, including but not limited to the Federal Trade Commission Act ("FTC Act") and any applicable state consumer protection laws.
• Attempting to gain unauthorized access to any part of the Website, our servers, or any database or system connected to the Website.
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or similar communications.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website.
• Using the Website to collect or harvest personal information about other users without their consent.
• Impersonating any person or entity or misrepresenting your affiliation with a person or entity.
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful or malicious code.
• Attempting to decompile, reverse engineer, disassemble, or otherwise derive the source code of the Website or any related software.
• Using any automated tools, bots, scrapers, or similar mechanisms to access, scrape, or extract data from the Website without our prior written consent.
• Interfering with or disrupting the integrity or performance of the Website or its infrastructure.

4.2 Order-Related Prohibitions

• Placing fraudulent orders or orders with false payment information.
• Placing orders with no intention of completing payment or receiving the product.
• Abusing promotional codes, coupons, or loyalty rewards in ways not intended by the program terms.
• Submitting false or misleading reviews, ratings, or feedback.
• Attempting to manipulate pricing through fraudulent means.

Any violation of these prohibitions may result in the immediate termination of your account and access to our services, and we reserve the right to report such violations to law enforcement authorities as appropriate.

5. Intellectual Property Rights

All content, materials, features, and functionality available on or through the Website — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website — are the exclusive property of Mod Pizza or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Website solely for your personal, non-commercial purposes — specifically, to browse our menu and place food orders. 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 the Website or its content immediately terminates the license granted in these Terms. We reserve all rights not expressly granted to you in these Terms.

If you submit any content, feedback, suggestions, ideas, or other materials to us ("User Content"), you grant us a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.

6. Payment Terms

When you place an order through our Website, you agree to pay all charges associated with your order, including applicable taxes and delivery fees. By providing 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 pay all charges incurred through your account at the prices in effect when such charges are incurred.

We accept major credit cards, debit cards, and such other payment methods as may be listed on the Website. All payments are processed through secure third-party payment processors. We do not store complete credit card information on our servers.

All prices listed on our Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales tax will be calculated and added to your order total at checkout in accordance with applicable state and local tax laws.

In the event of a pricing error on the Website, we reserve the right to cancel any orders placed at the incorrect price and notify you accordingly. You will not be charged for cancelled orders resulting from pricing errors.

6.1 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Order Cancellations: Orders may only be cancelled within a limited window after placement, before the order has been accepted or prepared. Once preparation has begun, cancellations may not be possible.
• Refunds for Quality Issues: If your order is incorrect, incomplete, or does not meet acceptable quality standards, please contact us within twenty-four (24) hours of receipt at [email protected]. We will review your claim and, at our discretion, offer a replacement, store credit, or refund.
• Delivery Issues: If your order is not delivered or is significantly delayed beyond the estimated delivery time due to circumstances within our control, please contact us for resolution.

Refunds, when approved, will be issued to the original payment method within five to ten (5–10) business days, depending on your financial institution.

7. Food Safety, Allergen Information, and Dietary Considerations

We take food safety seriously and endeavor to maintain the highest standards of food preparation and handling at all of our locations. However, you acknowledge and agree that:

• Our kitchens handle a wide variety of ingredients, including common allergens such as gluten, dairy, eggs, nuts, soy, shellfish, and others. Cross-contamination may occur despite our best efforts.
• Allergen and nutritional information provided on our Website is intended for general informational purposes and may not account for variations in preparation, ingredient substitutions, or supplier changes.
• If you have a known food allergy, intolerance, or dietary restriction, we strongly encourage you to contact us directly before placing your order to discuss your specific needs.
• We cannot guarantee that any menu item is completely free from any particular allergen.

Mod Pizza shall not be liable for any adverse reactions or health consequences resulting from consumption of our products by individuals with known or unknown food allergies or intolerances. You consume our products at your own risk.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE WEBSITE.
• WARRANTIES THAT DEFECTS, IF ANY, WILL BE CORRECTED.
• WARRANTIES THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full. In such cases, our warranties are limited to the maximum extent permitted by applicable law.

We make no warranty regarding the quality, safety, accuracy, or reliability of any food products ordered through the Website, beyond our obligations under applicable food safety laws and regulations enforced by the U.S. Food and Drug Administration (FDA) and applicable state and local health authorities.

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, LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR SERVICES;
• DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOD PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

10. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its officers, directors, employees, contractors, agents, licensors, 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 or misuse of the Website or services.
• Any User Content you submit, post, or transmit through the Website.
• Your violation of any applicable federal, state, or local law, rule, or regulation.
• Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights.
• Any fraudulent, negligent, or otherwise wrongful actions or omissions by you.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which event you agree to cooperate with us fully in asserting any available defenses. You agree not to settle any claim without our prior written consent.

11. Third-Party Links and Services

The Website may contain links to third-party websites, services, or applications ("Third-Party Services") that are not owned or controlled by Mod Pizza. We have no control over and assume no responsibility for the content, privacy policies, terms, or practices of any Third-Party Services. We do not warrant or endorse any Third-Party Services or the operators thereof.

We encourage you to review the terms and privacy policies of any Third-Party Services you visit. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those third parties.

We may use third-party delivery services, payment processors, and other service providers to facilitate our operations. These providers have their own terms of service and privacy policies, and we are not responsible for their actions or omissions.

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Website and services, you consent to the data practices described in our Privacy Policy.

To the extent you are a resident of California, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are further described in our Privacy Policy. This includes rights to know, access, delete, correct, and opt out of the sale or sharing of personal information.

We implement reasonable security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, 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 and the laws of the state in which our principal place of business is located, without giving effect to any choice or conflict of law provisions.

To the extent that any dispute is not subject to binding arbitration as set forth in Section 14, you consent to the exclusive personal jurisdiction of the federal and state courts located in the United States for the resolution of such disputes. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms are subject to compliance with all applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and other applicable consumer protection and food safety regulations. Nothing in these Terms limits any rights you may have under applicable federal or state consumer protection laws.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve any dispute informally. We will make good-faith efforts to resolve any dispute within thirty (30) days of receiving your written description of the issue. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as set forth below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS YOUR ABILITY TO HAVE DISPUTES RESOLVED IN COURT.

Except for disputes that qualify for small claims court and except for actions seeking injunctive or other equitable relief for alleged unlawful use of intellectual property, you and Mod Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Website and services shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect.

The arbitration shall be conducted in the United States, in the state where our principal place of business is located, unless otherwise agreed by the parties. The arbitrator shall have the authority to award any remedy that would otherwise be available in a court of competent jurisdiction. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND MOD PIZZA AGREE THAT EACH PARTY 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, REPRESENTATIVE, OR COLLECTIVE ACTION PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

14.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MOD PIZZA EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES.

If the arbitration agreement in this section is found to be unenforceable for any reason, then the parties agree that any dispute shall be resolved exclusively in a court of competent jurisdiction, and both parties consent to the personal jurisdiction of such courts.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or services. We reserve the right, at our sole discretion and without prior notice or liability, to:

• Suspend or terminate your account and access to the Website and services for any reason, including if we believe you have violated these Terms.
• Modify, suspend, or discontinue the Website or any part thereof at any time.
• Refuse service to any person or entity for any reason not prohibited by applicable law.

You may terminate your account at any time by contacting us at [email protected] with a request for account deletion. Termination of your account will not relieve you of any obligations that accrued prior to termination, including payment obligations.

Upon termination of your account or access to the Website for any reason:

• All rights and licenses granted to you under these Terms will immediately cease.
• You must immediately cease all use of the Website and services.
• Any pending orders may be fulfilled at our discretion.
• Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

16. Changes to These Terms

We reserve the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, in our discretion, may provide additional notice through the Website or via email to the address associated with your account.

Changes to these Terms will become effective upon posting to the Website unless we specify a different effective date. Your continued use of the Website or services after the posting of revised Terms constitutes your acceptance of those changes.

If you do not agree to the revised Terms, you must stop using the Website and services. We encourage you to review these Terms periodically to stay informed of any updates. Material changes will be highlighted to the extent reasonably practicable.

We will not retroactively apply changes to these Terms to disputes that arose prior to the effective date of the revised Terms without your express consent.

17. Severability

If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, 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 modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be deleted entirely.

The invalidity or unenforceability of any particular provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. All remaining provisions shall continue in full force and effect.

No waiver by Mod Pizza of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Mod Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Mod Pizza with respect to your use of the Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and services.

These Terms do not create any partnership, joint venture, agency, franchise, or employment relationship between the parties. You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms freely without restriction.

19. Force Majeure

Mod Pizza shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, strikes, lockouts, riots, acts of terrorism, government actions or restrictions, power failures, internet service disruptions, or supply chain interruptions. In the event of such a force majeure event, we will make reasonable efforts to notify you and resume normal operations as quickly as possible.

20. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from us. These communications may include notices about your account, order confirmations, promotional offers, and other information related to our services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You may opt out of receiving promotional electronic communications from us at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Opting out of promotional communications will not affect our ability to send you transactional communications related to your orders or account.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your account, or our services, please contact us using the information below:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, please clearly indicate the urgency in your communication.