Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at modpizza-fresh.click (the "Website") or any services provided by Mod Pizza ("Company," "we," "us," or "our"). By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue your use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or using the Website at modpizza-fresh.click, placing an order, creating an account, or otherwise interacting with our services, you ("User," "Customer," or "you") agree to be legally bound by these Terms of Service, our Privacy Policy, and any additional guidelines, rules, or policies incorporated herein by reference. This Agreement constitutes a legally binding contract between you and Mod Pizza.

These Terms apply to all visitors, users, customers, and others who access or use our Website and services. If you are using our services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case, "you" refers to both you individually and that entity.

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, to use our services. By using our Website, you represent and warrant that you meet this age requirement. We reserve the right to refuse service to anyone for any reason at any time in accordance with applicable law.

2. Description of Services

Mod Pizza is a food service business operating in the United States, offering customers the ability to order fresh, customizable pizza and related food and beverage products. Our services include, but are not limited to:

• Online Ordering: Customers may browse our menu, customize food and beverage items, and place orders for pickup or delivery through our Website at modpizza-fresh.click.
• Menu Information: We provide detailed information about our menu items, including ingredients, pricing, nutritional information (where available), and customization options.
• Account Management: Users may create and manage personal accounts to track orders, save preferences, and access loyalty rewards or promotional offers.
• Customer Support: We offer customer support services through email and other communication channels to assist with inquiries, complaints, and feedback.
• Promotional Offers: From time to time, we may offer special promotions, discounts, coupons, or loyalty programs to eligible customers.
• Third-Party Delivery Integration: We may partner with third-party delivery service providers to facilitate the delivery of orders to customers' specified locations.

We reserve the right to modify, suspend, discontinue, or restrict any portion of our services at any time, with or without notice, and without liability to you. We do not guarantee that our Website or services will be available at all times, free of errors, or uninterrupted.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order, including your name, contact details, delivery address, and payment information.
• Maintain the confidentiality of your account credentials and notify us immediately at [email protected] if you suspect any unauthorized use of your account.
• Use our Website and services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Ensure that you are present at the designated delivery address to receive your order, or make appropriate arrangements for receipt.
• Review all order details, including items, quantities, customization, and pricing, before completing a purchase.
• Comply with all terms of any promotional offers, coupons, or loyalty program requirements.
• Treat our staff and customer service representatives with respect and courtesy.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Website or services for any fraudulent, deceptive, or unlawful purpose, including but not limited to placing fraudulent orders or submitting false information.
• Attempt to gain unauthorized access to any portion or feature of our Website, or any other systems or networks connected to our Website.
• Use any automated tools, bots, scrapers, spiders, or other automated means to access, collect, or index any content on our Website without our prior written consent.
• Transmit any viruses, malware, Trojan horses, worms, or other harmful or destructive code through our Website.
• Engage in any activity that disrupts, damages, or impairs the performance, availability, or integrity of our Website or services.
• Circumvent or attempt to circumvent any security features, access controls, or authentication mechanisms on our Website.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Website or services without our express written permission.
• Engage in any form of harassment, abuse, or threatening behavior directed at our employees, contractors, or other users.
• Use our Website to distribute unsolicited commercial communications (spam), chain letters, or other forms of unauthorized advertising.
• Misrepresent your identity, affiliation, or the source of any communications submitted through our Website.
• Violate any applicable federal, state, or local law, regulation, or ordinance in connection with your use of our services.
• Collect or harvest personal information of other users without their explicit consent.
• Engage in any activity that could reasonably be considered to create liability for Mod Pizza or damage the reputation or goodwill of our brand.

We reserve the right to investigate and take appropriate legal or administrative action against anyone who violates these prohibitions, including reporting such activities to law enforcement authorities, canceling accounts, and refusing future service.

4. Account Registration and Security

To access certain features of our Website, you may be required to register for an account. When creating an account, you must provide accurate and complete information. You are solely responsible for maintaining the security and confidentiality of your account login credentials. You agree not to share your username or password with any third party.

You are fully responsible for all activities that occur under your account, whether or not authorized by you. If you become aware of any unauthorized access to or use of your account, you must immediately notify us at [email protected]. We will not be liable for any loss or damage arising from unauthorized use of your account.

We reserve the right to suspend or terminate your account at our sole discretion, including if we determine that your account information is inaccurate, incomplete, or if you have violated these Terms.

5. Intellectual Property Rights

5.1 Ownership of Content

All content on the Website at modpizza-fresh.click, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, data compilations, software, and the overall design and layout of the Website ("Content"), is the exclusive property of Mod Pizza or its licensors and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other proprietary rights.

5.2 Trademarks

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 any of our trademarks, service marks, or trade names without our prior written consent. All other names, logos, product and service names, designs, and slogans on our Website are the trademarks of their respective owners.

5.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and its Content solely for your personal, non-commercial use in connection with ordering food and beverage products from Mod Pizza. This license does not include the right to:

• Modify, copy, reproduce, publish, distribute, or create derivative works based on our Content;
• Use our Content for any commercial purpose or for public display;
• Remove or alter any copyright, trademark, or other proprietary notices from our Content;
• Transfer, sublicense, or otherwise make the Content available to any third party.

Any unauthorized use of our Content or intellectual property terminates the license granted herein and may violate applicable copyright, trademark, and other laws.

5.4 User-Submitted Content

If you submit any reviews, comments, feedback, suggestions, photos, or other content to us through our Website or social media channels ("User Content"), you grant Mod Pizza a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media format. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe any third-party intellectual property rights or violate any applicable laws.

6. Ordering, Pricing, and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected items at the stated price. We reserve the right to accept or decline any order at our sole discretion. We will confirm accepted orders via email or on-screen notification. All orders are subject to availability and confirmation of the order price.

6.2 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices may vary by location and are subject to change without prior notice. We make every effort to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel the order and notify you of the error before processing your payment.

6.3 Payment Methods

We accept various payment methods as indicated on our Website at the time of checkout, which may include major credit cards, debit cards, and other payment options. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order, including applicable taxes and any delivery fees.

6.4 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order has been confirmed and preparation has begun. If you have concerns about the quality, accuracy, or condition of your order, please contact us immediately at [email protected]. Refund requests will be evaluated on a case-by-case basis in accordance with applicable consumer protection laws.

6.5 Delivery Fees and Third-Party Services

Delivery fees, if applicable, will be disclosed at the time of checkout. If delivery is facilitated through a third-party service provider, the terms and conditions of that third party may also apply. We are not responsible for delays, errors, or issues caused by third-party delivery services.

7. Allergen and Dietary Information

We make reasonable efforts to provide accurate information about ingredients, allergens, and nutritional content for our menu items. However, our food products are prepared in facilities that handle common allergens, including wheat, dairy, eggs, nuts, and soy. Cross-contamination may occur, and we cannot guarantee that any menu item is completely free from allergens. If you have a severe food allergy or dietary restriction, please contact us before placing your order at [email protected]. Mod Pizza is not liable for any adverse reactions resulting from allergens in our food products.

8. Disclaimer of Warranties

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON OUR WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS ORDERED THROUGH OUR WEBSITE.

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

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• ANY OTHER MATTER RELATING TO OUR WEBSITE OR SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of our Website or services;
• Your violation of any applicable law, regulation, or ordinance;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Content you submit through our Website;
• Your negligence or willful misconduct;
• Any dispute between you and a third-party service provider, including delivery companies.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Mod Pizza. We provide these links for your convenience only and do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party sites or services. Your use of any third-party website is subject to the terms and conditions of that site. We strongly encourage you to review the terms and privacy policies of any third-party sites you visit.

We are not responsible for any loss, damage, or harm arising from your use of third-party websites or services accessed through links on our Website.

12. Privacy Policy

Your privacy is important to us. Our use and collection of your 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 collection, use, and sharing of your personal information as described in our Privacy Policy. Our Privacy Policy is designed to comply with applicable United States privacy laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and, where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA).

13. Governing Law and Jurisdiction

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

Subject to the dispute resolution provisions below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the appropriate federal or state courts located within the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

To the extent applicable, you agree to comply with all relevant provisions of the Federal Trade Commission Act (FTC Act), the Electronic Communications Privacy Act (ECPA), the Computer Fraud and Abuse Act (CFAA), and any other applicable federal and state laws governing the use of online services and consumer protection in the United States.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve any dispute, claim, or controversy informally by contacting us at [email protected] and providing a written description of the dispute, your desired resolution, and your contact information. We will attempt to resolve the dispute within thirty (30) days of receipt of your notice.

14.2 Binding Arbitration

IF INFORMAL RESOLUTION IS UNSUCCESSFUL, YOU AND MOD PIZZA AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.

Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in the United States, and the arbitrator's award 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 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 OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies under applicable small claims court rules.

15. Term and Termination

15.1 Term

These Terms of Service are effective as of June 12, 2026, and shall remain in full force and effect for as long as you use our Website or services, or until terminated as provided herein.

15.2 Termination by You

You may terminate your account and your agreement to these Terms at any time by discontinuing your use of our Website and services and notifying us at [email protected] to request deletion of your account.

15.3 Termination by Us

We reserve the right to suspend or terminate your access to our Website and services at any time, with or without cause or notice, at our sole discretion. Reasons for termination may include, but are not limited to, violations of these Terms, fraudulent activity, non-payment, or any activity we deem harmful to our business or other users.

15.4 Effect of Termination

Upon termination of your account or these Terms, your right to use our Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

16. Changes to Terms of Service

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

Your continued use of our Website or services following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must discontinue your use of our Website and services immediately.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or contrary to public policy, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision, and the remaining provisions of these Terms shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines posted on our Website, constitute the entire agreement between you and Mod Pizza with respect to your use of our Website and services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter herein.

19. Waiver

No failure or delay by Mod Pizza in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege. No waiver of any provision of these Terms shall be effective unless it is in writing and signed by an authorized representative of Mod Pizza. A waiver of any breach or default of these Terms shall not be deemed a waiver of any subsequent breach or default.

20. Force Majeure

Mod Pizza shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, pandemics, epidemics, acts of war or terrorism, civil unrest, governmental actions, power outages, internet service interruptions, or supply chain disruptions. In such events, we will make reasonable efforts to resume normal operations as promptly as practicable.

21. Electronic Communications and Consent

By creating an account, placing an order, or communicating with us through our Website or email, you consent to receive electronic communications from Mod Pizza. These communications may include order confirmations, promotional emails, account notifications, and important updates regarding our services. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

You may opt out of receiving promotional communications at any time by following the unsubscribe instructions in any marketing email or by contacting us at [email protected]. Please note that opting out of marketing communications will not prevent you from receiving transactional or service-related communications.

22. Compliance with Law

You agree to use our Website and services in full compliance with all applicable local, state, federal, and international laws, regulations, and ordinances. This includes compliance with the FTC Act regarding consumer protection, applicable food safety regulations enforced by the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA), payment card industry data security standards (PCI-DSS), and any other applicable law. We make no representation that our Website or services are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited.

23. Contact Information

If you have any questions, concerns, or inquiries about these Terms of Service, or if you wish to report a violation, 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 contact us as soon as possible at the email address provided above.