Terms of Service

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

1. Acceptance of Terms

By visiting, browsing, or otherwise using the Site at mod-pizz.digital, placing an order, creating an account, or otherwise interacting with any service provided by Mod Pizza, you ("User," "you," or "your") agree to comply with and 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 using the Site 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, and in that case, "you" and "your" shall refer to that entity. If you do not have such authority, you must not use the Site or our services on behalf of that entity.

We reserve the right to update, revise, or modify these Terms at any time. Continued use of the Site after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for any updates.

Users must be at least thirteen (13) years of age to access or use this Site. Users under the age of eighteen (18) must have parental or legal guardian consent before using our services, particularly those involving purchases or account registration.

2. Description of Services

Mod Pizza is a food service business operating within the United States. Through our website at mod-pizz.digital, we offer a range of food-related services and features, including but not limited to the following:

• Online Ordering: Users may browse our menu and place orders for food and beverages online, including pick-up and delivery options where available.
• Menu Exploration: Users may view our current menu offerings, including customizable pizza options, sides, drinks, and seasonal specials.
• Account Registration: Users may create a personal account to manage their orders, store preferences, earn loyalty rewards, and track order history.
• Loyalty and Rewards Programs: Registered users may participate in loyalty reward programs, subject to separate program terms and conditions.
• Catering Services: We may offer catering inquiry forms and booking services for group or event orders, subject to availability and separate catering agreements.
• Promotional Offers: We may periodically offer discounts, coupons, or promotional deals accessible through the Site or via email communications to subscribers.
• Customer Support: We provide customer service assistance through email and other communication channels listed on our Site.
• Nutritional Information: We may provide general nutritional information and allergen details about our menu items for informational purposes.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice, and we shall not be liable to you or any third party for any such changes. Availability of our services may vary by location and time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the confidentiality of your account credentials and accept responsibility for all activities occurring under your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security at [email protected].
• Use the Site only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site.
• Respect the intellectual property rights of Mod Pizza and third parties.
• Conduct yourself in a respectful and professional manner when interacting with our customer service team and other users.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Fraudulent Activity: Submitting false, inaccurate, or misleading information; engaging in fraud or deception in connection with any order, payment, promotion, or account registration.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, other user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means.
• Data Scraping: Using automated scripts, bots, crawlers, spiders, or any other automated means to access, collect, or harvest information from the Site without our express written permission.
• Malware Distribution: Uploading, transmitting, or distributing any viruses, malware, ransomware, spyware, or any other harmful or malicious code through or in connection with the Site.
• Interference: Taking any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, or that interferes with or disrupts the integrity or performance of the Site or its servers and networks.
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or systems underlying the Site.
• Misuse of Promotions: Creating multiple accounts or using deceptive means to fraudulently redeem promotional codes, discounts, loyalty points, or other offers.
• Impersonation: Impersonating any person or entity, including any employee or representative of Mod Pizza, or falsely claiming an affiliation with any person or organization.
• Harassment: Harassing, abusing, threatening, or intimidating any other users or our staff through the Site or via any related communication channels.
• Illegal Use: Using the Site to engage in, facilitate, or promote any illegal activity under federal, state, or local law.
• Unauthorized Commercial Use: Using the Site or its content for any commercial purpose without our prior written consent, including but not limited to reselling our services or content.
• Violation of Privacy: Collecting, storing, or disclosing personal information about other users without their express consent and in violation of applicable privacy laws.

We reserve the right to investigate and prosecute any violations of the above prohibitions to the fullest extent permitted by law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, features, and functionality available on or through the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, user interface designs, and the selection and arrangement thereof (collectively, "Content"), are the exclusive property of Mod Pizza or its licensors and are protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, patent law, trade secret law, and other applicable laws.

4.2 Trademarks

The Mod Pizza name, logo, branding elements, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of Mod Pizza. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

4.3 Limited License

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

• Reproduce, distribute, publicly display, or perform the Content;
• Modify or create derivative works based upon the Content;
• Use the Content for any commercial purpose or for any public display;
• Remove any copyright, trademark, or other proprietary notices from the Content.

4.4 User-Submitted Content

If you submit, post, upload, or otherwise make available any content to the Site (including reviews, comments, photographs, or feedback), you grant Mod Pizza a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your content does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices for menu items do not include applicable taxes, delivery fees, service charges, or gratuity unless expressly stated. We reserve the right to correct any pricing errors on the Site, and if an error occurs in the pricing of an item you have ordered, we will notify you and give you the option to proceed at the correct price or cancel your order.

5.2 Payment Methods

We accept various forms of payment as indicated on the Site at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the applicable fees to that payment method.

5.3 Order Confirmation

Receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to product unavailability, inaccuracies in the product or pricing information, or problems identified by our fraud detection processes.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared or is in transit. Refunds or credits may be issued at our sole discretion in cases of incorrect orders, food quality issues, or other exceptional circumstances. To request a refund or report an issue, please contact us at [email protected] within twenty-four (24) hours of receiving your order.

5.5 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and expiration dates and may not be combined with other offers unless expressly stated. We reserve the right to cancel or revoke any promotional code that we believe has been used fraudulently or in violation of these Terms.

6. Disclaimers

6.1 As-Is Basis

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT 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, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Accuracy

While we endeavor to provide accurate and up-to-date information on the Site, including menu descriptions, pricing, and nutritional information, we do not warrant that such information is complete, accurate, reliable, current, or error-free. Menu items, prices, and availability are subject to change without notice.

6.3 Nutritional and Allergen Information

Nutritional and allergen information provided on the Site is offered for informational purposes only and may not account for variations in preparation, ingredients, or cross-contamination risks. If you have a food allergy, sensitivity, or dietary restriction, we strongly encourage you to contact us directly before placing an order. Mod Pizza shall not be liable for any adverse reactions or health consequences resulting from reliance on nutritional or allergen information provided on the Site.

6.4 Third-Party Services

The Site may contain links to or integrations with third-party websites, applications, or services, including payment processors and delivery platforms. We do not control, endorse, or assume any responsibility for the content, privacy practices, or terms of such third-party services. Your use of third-party services is at your own risk and subject to the third party's terms and conditions.

6.5 Service Interruptions

We do not guarantee that the Site will be available at all times, uninterrupted, or free from technical errors. We may suspend or restrict access to the Site for maintenance, upgrades, security purposes, or other reasons without prior notice.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SITE;
• ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS,

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

IN NO EVENT SHALL MOD PIZZA'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MOD PIZZA IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its affiliates, officers, directors, employees, agents, licensors, service providers, and successors 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 use of or inability to use the Site or our services;
• Your violation of these Terms of Service;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or proprietary rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content you submit, post, or transmit through the Site;
• Any fraudulent, negligent, or intentionally wrongful conduct on your part;
• Your use of any information obtained from the Site in a manner not contemplated by these Terms.

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

9. 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 laws of the state in which Mod Pizza is registered and principally operates, without giving effect to any choice or conflict of law provision or rule.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site that is not subject to arbitration as set forth in Section 10 below shall be instituted exclusively in the federal or state courts of competent jurisdiction in the applicable United States jurisdiction. You hereby consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue of any such proceeding in such courts.

These Terms comply with applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts or practices in commerce, and any applicable state consumer protection statutes. To the extent you reside in California, your additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), are addressed in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to contact Mod Pizza at [email protected] and provide a written description of your dispute, including your name, contact information, and a detailed description of the issue and the relief you are seeking. We will attempt in good faith to resolve the dispute informally within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may proceed to arbitration as described below.

10.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR OUR SERVICES (INCLUDING THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS ARBITRATION PROVISION) SHALL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") COMMERCIAL ARBITRATION RULES, OR SUCH OTHER ARBITRATION BODY AS THE PARTIES MAY MUTUALLY AGREE UPON.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of these Terms is void or voidable. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND MOD PIZZA EXPRESSLY AGREE THAT ANY ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If a court or arbitrator determines that this class action waiver is unenforceable for any reason, then the arbitration agreement shall be void and unenforceable.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect while you use the Site or any of our services. Your rights under these Terms will automatically terminate, without notice, if you fail to comply with any provision of these Terms.

11.2 Termination by You

You may terminate your account and discontinue use of our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liabilities incurred prior to termination.

11.3 Termination by Mod Pizza

We reserve the right, in our sole discretion and without notice or liability to you, to terminate or suspend your access to all or part of the Site and services for any reason, including but not limited to:

• Violation of these Terms;
• Fraudulent, illegal, or harmful conduct;
• Requests from law enforcement or government authorities;
• Unexpected technical issues or security concerns;
• Extended periods of inactivity.

11.4 Effect of Termination

Upon termination, your right to use the Site 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, limitations of liability, dispute resolution provisions, and governing law provisions.

12. Changes to Terms

We reserve the right to amend, modify, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email (using the address associated with your account) or by posting a prominent notice on the Site.

Your continued use of the Site or our services after the effective date of any revised Terms constitutes your acceptance of such revised Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of the Site and services and, if applicable, request deletion of your account.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. It is your responsibility to check this page regularly for updates. In no event shall we be liable for your failure to review updated Terms.

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any particular provision of these Terms shall not affect the validity or enforceability of any other provision, and the parties agree that a court or arbitrator shall attempt to give maximum effect to the parties' intent as reflected in these Terms.

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.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated herein by reference, constitute the entire agreement between you and Mod Pizza with respect to the Site and our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the same subject matter.

14.2 No Agency Relationship

Nothing in these Terms shall be construed to create any partnership, joint venture, employment, or agency relationship between you and Mod Pizza. You do not have authority to bind Mod Pizza to any obligation.

14.3 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

14.4 Force Majeure

Mod Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental restrictions, war, civil disturbance, fire, flood, labor disputes, power outages, or internet service disruptions.

14.5 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

14.6 Electronic Communications

You consent to receiving communications from us electronically, including via email and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our services, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.

© 2026 Mod Pizza. All rights reserved. Unauthorized reproduction or distribution of any content from this Site is strictly prohibited.