Terms of Service

Please read these Terms of Service carefully before using our website, mobile application, or any services offered by Mod Pizza. By accessing or using our services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our services.

1. Acceptance of Terms

By accessing or using the website located at piz-mod.click (the "Site"), placing an order, creating an account, or otherwise interacting with any service provided by Mod Pizza (collectively, the "Services"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and all other policies, guidelines, or rules incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Mod Pizza ("Company," "we," "us," or "our"), a food service business operating in the United States. If you are using the 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 such case, "you" will refer to that entity.

Your continued use of the Services after any modifications to these Terms constitutes your acceptance of the revised Terms. If you are under the age of 13, you are not permitted to use our Services. Users between the ages of 13 and 18 must have parental or guardian consent before using the Services.

2. Description of Services

Mod Pizza is a food service company that offers customers the ability to order customized pizzas and other food and beverage products through our website and other digital platforms. Our Services include, but are not limited to:

• Online ordering of food products including pizzas, salads, beverages, and related menu items;
• Account creation and management for registered users;
• Loyalty programs, promotions, and special offers;
• In-store pickup and, where available, delivery of food orders;
• Access to nutritional information, allergen disclosures, and menu details;
• Customer support and feedback submission;
• Gift card purchases and redemption;
• Any other related services, features, or content made available through piz-mod.click.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice or liability. We do not guarantee that the Services, or any portion thereof, will always be available or uninterrupted. Mod Pizza makes no warranties that the Services will meet your requirements or that results obtained from use of the Services will be accurate or reliable.

Availability of certain menu items, pricing, and promotional offers may vary by location, time, and applicable law. All food items are subject to availability and may be subject to change without prior notice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using the Services, you agree to:

• Provide accurate, current, and complete information when registering for an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or use of your account;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances in your use of the Services;
• Promptly update your account information to keep it accurate and current;
• Assume full responsibility for all activities conducted under your account.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities while using our Services:

• Using the Services for any fraudulent, deceptive, or unlawful purpose;
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or any computer systems or networks connected to the Site;
• Using automated means, bots, scrapers, or data mining tools to collect information from the Site without our prior written consent;
• Transmitting any viruses, malware, Trojan horses, or other harmful code through the Site;
• Impersonating any person or entity, including any employee or representative of Mod Pizza;
• Engaging in any activity that disrupts, interferes with, or places an unreasonable burden on the Site's infrastructure or servers;
• Posting or transmitting any content that is defamatory, offensive, obscene, harassing, or otherwise objectionable;
• Using the Services to send unsolicited commercial communications (spam) or to engage in phishing activities;
• Circumventing, disabling, or otherwise interfering with any security-related features of the Site;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services for commercial purposes without our express written authorization;
• Misusing promotional codes, loyalty rewards, or gift card programs, including creating multiple accounts to exploit offers intended for single use;
• Placing orders with fraudulent payment information or engaging in chargebacks in bad faith.

Violation of any of the above prohibitions may result in immediate termination of your access to the Services, legal action, and reporting to appropriate law enforcement authorities.

4. Account Registration and Security

To access certain features of the Services, you may be required to create an account. You agree to provide truthful, accurate, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account.

You agree to notify Mod Pizza immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. Mod Pizza will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

We reserve the right to suspend, deactivate, or terminate your account at any time and for any reason, including but not limited to violations of these Terms, fraudulent activity, or extended periods of inactivity.

5. Intellectual Property Rights

All content, materials, and features available through the Services, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design, look, and feel of the Site ("Content"), are owned by or licensed to Mod Pizza and are protected by applicable United States and international intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws.

The Mod Pizza name, logo, and all related product names, design marks, and slogans are trademarks or registered trademarks of Mod Pizza. You may not use these marks without our prior written permission. All other trademarks referenced on the Site are the property of their respective owners.

Subject to your compliance with these Terms, Mod Pizza grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the Content solely for your personal, non-commercial use in connection with the Services. This license does not include any right to:

• Sublicense, sell, resell, transfer, assign, or commercially exploit any portion of the Services or Content;
• Modify, create derivative works from, or reverse engineer any part of the Services;
• Use any data mining, robots, or similar automated tools to extract data from the Site;
• Download or copy account information for the benefit of any third party;
• Frame or mirror any portion of the Site without our express prior written consent.

Any unauthorized use of the Content terminates the license granted herein. All rights not expressly granted in these Terms are reserved by Mod Pizza.

6. Payment Terms

When you place an order through the Services, you agree to pay all applicable fees, charges, and taxes associated with your order. All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice.

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 authorize Mod Pizza to charge the applicable amounts to your designated payment method.

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. All payment transactions are processed through secure third-party payment processors, and we do not store your complete payment card information on our servers.

All sales are final once an order has been confirmed and preparation has begun. Refunds or cancellations may be granted at our discretion and subject to applicable circumstances. If you believe you have been charged in error, please contact us at [email protected] within 30 days of the charge.

Promotional discounts, coupon codes, and loyalty rewards are subject to specific terms and conditions and may not be combined unless explicitly stated. We reserve the right to refuse or cancel orders that appear to involve fraudulent activity or misuse of promotional offers.

7. Allergen and Nutritional Information

Mod Pizza makes reasonable efforts to provide accurate allergen and nutritional information regarding our food products. However, our food is prepared in shared kitchen environments where cross-contact with common allergens — including but not limited to peanuts, tree nuts, wheat, soy, dairy, eggs, fish, and shellfish — may occur. We cannot guarantee that any menu item is completely free from allergens.

If you have food allergies or dietary restrictions, we strongly encourage you to consult with our in-store staff before placing your order and to independently verify ingredient information. Mod Pizza shall not be liable for any allergic reactions, adverse health effects, or injuries resulting from the consumption of our food products.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF MOD PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MOD PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOD PIZZA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, the limitations and exclusions set forth in this section shall apply to the maximum extent permitted by applicable law.

This limitation of liability is a fundamental element of the basis of the bargain between you and Mod Pizza. The Services would not be provided without these limitations.

9. Disclaimers

THE SERVICES 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 FEDERAL AND STATE 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 SERVICES 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 OR INFORMATION PROVIDED THROUGH THE SERVICES;
• WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

Mod Pizza does not warrant or make any representations regarding the use or the results of the use of the Services in terms of correctness, accuracy, reliability, or otherwise. You assume the entire risk as to the quality, performance, and results of the Services.

The Site may contain links to third-party websites or resources. These links are provided for your convenience only. Mod Pizza has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge and agree that Mod Pizza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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;
• Your use of or access to the Services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any third-party intellectual property, privacy, or other rights;
• Any content or information you submit, post, transmit, or otherwise make available through the Services;
• Any misrepresentation made by you in connection with your use of the Services;
• Your interaction with any third party through the Services.

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.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which the Company is registered and operates, without regard to its conflict of law provisions. To the extent applicable, the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the dispute resolution provisions of these Terms.

For matters not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the United States and waive any objection to the laying of venue of any such proceeding in such courts.

Our Services are intended for use by residents of the United States. We make no representation that the Services are appropriate or available for use in other locations. Access to the Services from territories where its contents are illegal is prohibited.

These Terms are also subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce. Where you are located in California, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) may provide additional rights with respect to your personal information, as further described in our Privacy Policy.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Mod Pizza at [email protected] and provide a written description of the dispute, including your name, contact information, and a description of the relief you seek. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that period, either party may proceed with formal dispute resolution as described below.

12.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SERVICES, OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), WHICH ARE AVAILABLE AT WWW.ADR.ORG.

The arbitration shall be conducted in English, on an individual basis, and shall not be consolidated with any other arbitration proceeding or conducted on a class-wide basis. The arbitrator shall have authority to grant any remedy or relief that a court of competent jurisdiction could order or grant. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 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 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.

12.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims that fall within that court's jurisdictional limits, provided such action is brought on an individual, non-representative, and non-class basis.

12.5 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Services or maintain an account with Mod Pizza. We reserve the right, at our sole discretion, to suspend or terminate your access to the Services, deactivate your account, and remove any content you have submitted, at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Conduct that we believe, in our sole judgment, is harmful to other users, the Company, or third parties;
• Fraudulent, deceptive, or abusive use of the Services;
• Requests by law enforcement or government agencies;
• Unexpected technical or security issues; or
• Extended periods of account inactivity.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Services immediately ceases. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Changes to These Terms

Mod Pizza reserves the right to modify, update, or revise these Terms of Service at any time and for any reason, at our sole discretion. When we make material changes to these Terms, we will notify you by one or more of the following methods:

• Posting the updated Terms on the Site with a revised "Last Updated" date;
• Sending an email notification to the address associated with your account;
• Displaying a prominent notice on our Site or through the Services.

It is your responsibility to review these Terms periodically. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue your use of the Services and, if applicable, close your account.

We will not make changes to these Terms that retroactively reduce your rights without first providing you with reasonable notice and an opportunity to close your account if you disagree with the changes.

15. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall be construed as if the invalid, illegal, or unenforceable provision had never been included.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms. The parties agree that any invalid provision shall be interpreted to achieve, to the greatest extent possible, the economic and legal objectives of the original provision.

16. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other policies or guidelines incorporated herein by reference, constitute the entire agreement between you and Mod Pizza with respect to your use of the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

The failure of Mod Pizza to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mod Pizza's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Force Majeure

Mod Pizza shall not be liable for any failure or delay in the performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authority, fire, flood, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials. In such events, Mod Pizza's obligations will be suspended for the duration of the force majeure event.

18. Electronic Communications and Notices

By using the Services or communicating with us by electronic means, you consent to receive communications from Mod Pizza electronically. We may communicate with you by email or by posting notices on the Site. 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.

All notices to Mod Pizza under these Terms must be made in writing and delivered to us via email at [email protected]. Notices will be deemed effective upon confirmation of receipt.

19. Third-Party Services and Links

The Services may include links to or integrations with third-party websites, applications, or services, including payment processors, delivery partners, and social media platforms. These third-party services are not under the control of Mod Pizza, and we are not responsible for their content, privacy practices, or terms of use. The inclusion of any link does not imply our endorsement, sponsorship, or recommendation of the third-party site or service.

Your interactions with third-party services are governed by the respective third-party's terms and privacy policies. You are encouraged to review those policies before providing any personal information to or through such third-party services.

20. California Consumer Rights Notice

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) with respect to your personal information. These rights may include the right to know what personal information we collect, the right to delete your personal information, the right to opt-out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights. For more information about how we collect, use, and protect your personal information, please review our Privacy Policy or contact us at [email protected].

21. Accessibility

Mod Pizza is committed to ensuring that its digital Services are accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards, including the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) 2.1. If you experience any accessibility issues while using our Site or Services, please contact us at [email protected] so that we may assist you and work to improve our accessibility.

22. 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 following information:

We will make every effort to respond to your inquiries in a timely and professional manner. For urgent food safety or health-related concerns, please contact your local health authority or emergency services as appropriate.