Terms of Service

Please read these Terms of Service carefully before using the website located at modpizza-eat.world or any related services provided 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 agreement between you ("User," "Customer," "you," or "your") and Mod Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website modpizza-eat.world, including all content, features, functionality, online ordering systems, and services offered therein (collectively, the "Services").

By visiting our website, creating an account, placing an order, subscribing to any promotional communications, or otherwise using our Services, you acknowledge that:

• You have read and understood these Terms in their entirety;
• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or legal guardian consent;
• You have the legal authority and capacity to enter into this binding Agreement;
• You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services.

These Terms may be updated from time to time. Continued use of the Services after any such modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any changes.

2. Description of Services

Mod Pizza operates as a food service business dedicated to providing customers with high-quality, customizable pizza and related food and beverage products. Through our website, modpizza-eat.world, we offer the following services:

2.1 Online Ordering

Our website enables customers to browse our menu, customize their orders, and place orders for pickup or delivery (where available). Online ordering services are subject to product availability, location, and applicable delivery zones. We reserve the right to modify or discontinue any menu item or service offering at any time without prior notice.

2.2 Nutritional and Allergen Information

We make reasonable efforts to provide accurate nutritional and allergen information on our website. However, menu items are prepared in facilities that may handle common allergens, including but not limited to wheat, dairy, eggs, soy, tree nuts, and peanuts. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order.

2.3 Promotions and Loyalty Programs

From time to time, we may offer promotional discounts, limited-time offers, or loyalty reward programs. Such promotions are governed by their own specific terms and conditions, which will be made available at the time of the promotion. Promotional offers may not be combined unless expressly stated otherwise.

2.4 Third-Party Delivery Platforms

We may partner with third-party delivery platforms or service providers to facilitate delivery of orders. When you use a third-party platform, you are also subject to that platform's own terms of service and privacy policies. We are not responsible for the actions, conduct, or policies of third-party service providers.

2.5 Customer Support

We offer customer support through email at [email protected]. Our support team is available to assist with questions, concerns, or issues related to your orders or use of our Services.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our website and Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality and security of your account credentials;
• Promptly notify us of any unauthorized use of your account;
• Use our Services only for lawful, personal, and non-commercial purposes;
• Comply with all applicable federal, state, and local laws and regulations;
• Respect the intellectual property rights of Mod Pizza and any third parties;
• Ensure that all payment information provided is accurate and that you are the authorized user of the payment method.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the website or Services for any fraudulent, deceptive, or unlawful purpose;
• Attempting to gain unauthorized access to our systems, networks, or databases;
• Transmitting viruses, malware, ransomware, or any other harmful or malicious code;
• Engaging in any activity that disrupts, damages, or impairs the functionality of the website;
• Scraping, harvesting, or collecting data from our website without prior written authorization;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Submitting false, misleading, or defamatory reviews or content;
• Using automated bots, scripts, or other automated means to interact with our website;
• Attempting to reverse engineer, decompile, or disassemble any portion of our website or technology;
• Violating any applicable federal, state, or local laws, including consumer protection laws enforced by the Federal Trade Commission (FTC);
• Engaging in any activity that constitutes unfair or deceptive practices under the FTC Act (15 U.S.C. § 45).

Violation of these prohibitions may result in immediate termination of your account, denial of access to our Services, and potential legal action.

4. Account Registration and Security

To access certain features of our Services, you may be required to create an account. When registering, you agree to provide truthful and accurate information. You are solely responsible for all activities that occur under your account. You must not share your account credentials with any third party. We reserve the right to suspend or terminate any account at our sole discretion if we suspect fraudulent, abusive, or unauthorized activity.

If you believe your account has been compromised, you must notify us immediately at [email protected]. We will not be liable for any loss or damage arising from unauthorized use of your account where you have failed to take reasonable steps to protect your credentials.

5. Intellectual Property Rights

5.1 Ownership

All content, materials, and intellectual property available on or through the website modpizza-eat.world, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, icons, software, compilations of data, and the overall design and layout of the website (collectively, "Content"), are owned by or licensed to Mod Pizza and are protected under United States copyright law (17 U.S.C. § 101 et seq.), trademark law, trade dress law, and other applicable intellectual property laws.

5.2 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 Services solely for personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, modify, or create derivative works of any Content;
• Use any Content for commercial purposes without our express written consent;
• Remove or alter any copyright, trademark, or other proprietary notices from any Content;
• Frame or mirror any portion of our website without written authorization.

5.3 Trademarks

The name "Mod Pizza," the Mod Pizza logo, and all related product and service names, designs, and slogans are trademarks or registered trademarks of Mod Pizza. You may not use such marks without the prior written permission of Mod Pizza. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Mod Pizza.

5.4 User-Submitted Content

If you submit, post, or transmit any reviews, comments, feedback, photographs, or other content to our website or social media channels ("User Content"), you grant Mod Pizza a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, 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

6.1 Pricing and Fees

All prices displayed on our website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change without prior notice. The price applicable to your order will be the price displayed at the time you complete your purchase.

6.2 Payment Methods

We accept major credit cards, debit cards, and such other payment methods as may be made available on our website from time to time. By providing payment information, you represent and warrant that you are the authorized holder of the payment method and that the information you provide is accurate and complete.

6.3 Order Confirmation and Processing

Upon placing an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order; it is merely an acknowledgment that we have received your order. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product unavailability, errors in pricing or description, or suspected fraudulent activity.

6.4 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order has been prepared. If you experience a problem with your order, please contact us at [email protected] within a reasonable time of receiving your order. We will evaluate your concern and, at our sole discretion, may offer a refund, credit, or replacement. Refunds, if approved, will be processed to the original payment method within 5–10 business days.

6.5 Taxes

You are responsible for all applicable federal, state, and local taxes associated with your purchase. Sales tax will be calculated and added to your order at checkout based on the applicable tax rates in your jurisdiction.

7. Disclaimers — "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, MATERIALS, AND PRODUCTS PROVIDED BY MOD PIZZA 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, 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, NUTRITIONAL INFORMATION, OR PRICING INFORMATION DISPLAYED ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

Mod Pizza does not warrant that any food product will meet your specific dietary requirements or health objectives. Nutritional and allergen information is provided as a guide only and may vary based on preparation methods, ingredient substitutions, and location. You assume all responsibility and risk for your use of the Services and consumption of our food products.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING BUT NOT LIMITED TO APPLICABLE STATE CONSUMER PROTECTION STATUTES, MOD PIZZA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR RELIANCE ON NUTRITIONAL OR ALLERGEN INFORMATION PROVIDED ON THE WEBSITE;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR TRANSMISSIONS;
• DAMAGES ARISING FROM THE CONDUCT OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING DELIVERY PARTNERS;
• ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOD PIZZA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOD PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, 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 use of or access to the website or Services;
• Your violation of these Terms of Service;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any User Content submitted by you;
• Any fraudulent, negligent, or intentional misconduct by you.

Mod Pizza reserves the right, at its 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 Mod Pizza in asserting any available defenses.

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms, your use of the Services, or any transactions with Mod Pizza shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles.

Any legal action, suit, or proceeding arising out of or related to these Terms that is not subject to arbitration (as described in Section 11 below) shall be instituted exclusively in the appropriate federal or state courts of competent jurisdiction in the United States. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Consumer rights enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts and practices, are expressly acknowledged. Nothing in these Terms is intended to, or shall be construed to, waive any rights you may have under applicable federal or state consumer protection laws.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Mod Pizza at [email protected] and provide a written description of the dispute, including the nature of your claim and the relief sought. We will make good-faith efforts to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that time, either party may proceed to formal dispute resolution as set forth below.

11.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR THE USE OF THE SERVICES, SHALL BE DETERMINED BY BINDING ARBITRATION administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as amended from time to time. 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.

11.3 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 ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Unless both you and Mod Pizza 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.

11.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights.

11.5 Small Claims Court

Notwithstanding the arbitration agreement above, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction.

12. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our Services. To the extent you are a California resident, your rights are also governed by the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq. We encourage you to review our Privacy Policy at modpizza-eat.world.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect for as long as you access or use our website or Services. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

13.2 Termination by You

You may terminate your use of the Services at any time by discontinuing access to our website and, if applicable, by deleting your account. Termination of your account does not entitle you to any refund for outstanding orders unless otherwise required by applicable law.

13.3 Termination by Mod Pizza

Mod Pizza reserves the right to suspend, restrict, or terminate your access to the Services, with or without notice, and for any reason, including but not limited to:

• Breach of these Terms of Service;
• Fraudulent, abusive, or unlawful conduct;
• Failure to pay for orders;
• At our sole discretion for any business or operational reason.

13.4 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Changes to Terms of Service

Mod Pizza reserves the right to modify, amend, update, or replace these Terms of Service at any time and at our sole discretion. When we make material changes to these Terms, we will provide notice by:

• Updating the "Last Updated" date at the top of this page;
• Posting a prominent notice on our website; and/or
• Sending a notification to the email address associated with your account (if applicable).

Your continued access to or use of the Services following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of our Services immediately. We encourage you to review these Terms periodically at modpizza-eat.world.

15. Third-Party Links and Content

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Mod Pizza. These links are provided for your convenience and informational purposes only. We have no control over the content, policies, or practices of third-party websites and assume no responsibility for any content, products, or services offered by third parties. Accessing any third-party website through links on our website is done entirely at your own risk. We strongly encourage you to review the terms and privacy policies of any third-party website you visit.

16. Force Majeure

Mod Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, earthquakes, floods, hurricanes, fire, epidemics, pandemics, acts of war or terrorism, government orders or regulations, labor disputes, supply chain disruptions, or any other event of force majeure. In such circumstances, we will make reasonable efforts to resume normal operations as soon as practicable.

17. Accessibility

Mod Pizza is committed to making our website and Services accessible to individuals with disabilities, in compliance with applicable federal accessibility requirements, including the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our website or Services, please contact us at [email protected] so that we may provide assistance and address any accessibility barriers.

18. Electronic Communications

By using our website and Services, you consent to receiving electronic communications from Mod Pizza, including order confirmations, promotional materials, and legal notices. 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. You may opt out of marketing communications at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, you may still receive transactional or account-related communications.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published on our website, constitute the entire and exclusive agreement between you and Mod Pizza with respect to your use of the Services, and supersede any prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, with respect to the subject matter hereof.

20. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

21. Waiver

No failure or delay by Mod Pizza in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. The rights and remedies of Mod Pizza under these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

22. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Mod Pizza. Any purported assignment in violation of this provision shall be null and void. Mod Pizza may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, corporate restructuring, or sale of assets, without restriction and without your consent.

23. Contact Information

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

We will make good-faith efforts to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety or allergen concerns, please contact us immediately via email.