Terms of Service

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

1. Acceptance of Terms

By accessing the Site at pizz-mods.click, placing an order, creating an account, or otherwise engaging with any content, feature, or functionality offered by Mod Pizza, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding contract between you ("User," "Customer," or "you") and Mod Pizza. This Agreement applies to all visitors, users, and others who access or use the Site. If you are using the Site on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" refers to both you individually and that entity.

You must be at least eighteen (18) years of age to use this Site and place orders. By using this Site, you represent and warrant that you meet this minimum age requirement. We reserve the right to refuse service to anyone at any time at our sole and absolute discretion.

2. Description of Services

Mod Pizza operates as a food service business in the United States, providing customers with access to an innovative, customizable pizza dining experience. Through the Site at pizz-mods.click, we offer the following services:

• Online Ordering: Customers may browse our menu, customize their food selections, and place orders for pickup or delivery through the Site.
• Menu Browsing: Access to our full menu, including pizzas, salads, beverages, desserts, and other food items, with real-time pricing and nutritional information where available.
• Account Management: Registered users may create and maintain personal accounts, track order history, manage payment methods, and access loyalty rewards programs.
• Loyalty and Rewards Programs: Participation in promotional campaigns, discount offers, loyalty point accumulation, and member-exclusive deals subject to separate program terms.
• Customer Support: Access to our customer service team via email at [email protected] for inquiries, complaints, order modifications, and general assistance.
• Catering and Group Orders: Coordination of large-scale food orders for corporate events, parties, and other group gatherings, subject to availability and advance notice requirements.
• Promotions and Special Offers: Time-limited deals, seasonal offers, and promotional discounts available to registered and guest users.

We reserve the right to modify, suspend, discontinue, or restrict access to any part of our services at any time without prior notice or liability. Menu items, prices, and availability are subject to change without notice and may vary by location. Mod Pizza does not guarantee the continuous, uninterrupted, or error-free availability of the Site or its services.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of the Site, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.
• Use the Site solely for lawful purposes and in accordance with these Terms and all applicable local, state, and federal laws and regulations.
• Comply with all applicable laws regarding online conduct and acceptable content.
• Ensure that any information you submit through the Site, including order details and personal data, is truthful and non-misleading.
• Accept responsibility for all activities that occur under your account, whether or not you authorized such activities.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using the Site or services:

• Using the Site for any fraudulent, deceptive, illegal, or unauthorized purpose.
• 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.
• Transmitting any viruses, malware, ransomware, spyware, adware, Trojan horses, worms, or other harmful or disruptive code through the Site.
• Using automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, copy, or monitor any portion of the Site without our prior written consent.
• Posting, transmitting, or distributing any content that is defamatory, obscene, harassing, hateful, threatening, discriminatory, or otherwise objectionable.
• Interfering with or disrupting the integrity or performance of the Site, servers, or networks connected thereto.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Site or any related software.
• Impersonating any person or entity, including Mod Pizza employees, other users, or representatives of third-party organizations.
• Circumventing, disabling, or otherwise interfering with any security features or access controls of the Site.
• Using the Site to collect personally identifiable information of other users without their express consent.
• Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Site's content or services for commercial purposes without our prior written authorization.
• Placing false, fraudulent, or duplicate orders with the intent to disrupt operations, circumvent pricing, or obtain goods without payment.
• Abusing promotional codes, loyalty rewards, or discount programs in bad faith or in violation of their specific terms and conditions.

Violation of any of the above prohibitions may result in immediate suspension or termination of your account, cancellation of pending orders, and potential legal action under applicable federal and state laws.

4. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, icons, photographs, audio clips, video clips, software, menu designs, layout, user interface designs, trade dress, and the compilation thereof (collectively, the "Content"), is the exclusive property of Mod Pizza or its content suppliers and is protected under United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international treaties.

The Mod Pizza name, logo, brand identity, and all related marks, names, slogans, and product names are trademarks of Mod Pizza. You are strictly prohibited from using any of these marks without our prior written permission. Unauthorized use of any trademark or service mark belonging to Mod Pizza may constitute trademark infringement and unfair competition under applicable federal and state laws.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site solely for your personal, non-commercial use in connection with ordering food products and engaging with our services. This license does not include any right to:

• Reproduce, modify, adapt, translate, or create derivative works based on the Content.
• Distribute, publicly display, publicly perform, or transmit the Content.
• Commercially exploit any Content from the Site.
• Remove or alter any copyright, trademark, or other proprietary notices embedded in the Content.

Any unauthorized use of the Content terminates the limited license granted herein and may expose you to civil and criminal liability under applicable law. We reserve all rights not expressly granted in these Terms.

5. Payment Terms

When placing an order through the Site, you agree to provide current, complete, and accurate payment information. By submitting an order, you authorize Mod Pizza to charge your designated payment method for the total amount of your order, including applicable taxes, delivery fees, service charges, and any other applicable fees disclosed at the time of checkout.

5.1 Accepted Payment Methods

We accept major credit and debit cards (Visa, MasterCard, American Express, Discover), as well as other payment methods as displayed on the Site during checkout. Payment methods accepted are subject to change at our discretion.

5.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales tax will be calculated and added to your order total based on the delivery or pickup address and current state and local tax rates. Promotional pricing is subject to the specific terms and conditions of each promotion and is subject to availability.

5.3 Refunds and Cancellations

Due to the perishable and customizable nature of our food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience an issue with your order — including incorrect items, missing items, or quality concerns — please contact us immediately at [email protected]. We will review your complaint on a case-by-case basis and may, at our sole discretion, offer a replacement, credit, or refund as appropriate. We reserve the right to refuse refund requests that we determine to be fraudulent or abusive.

5.4 Fraudulent Transactions

Mod Pizza reserves the right to cancel any order suspected of involving fraud, identity theft, or unauthorized use of a payment method. We may report suspected fraudulent transactions to appropriate law enforcement authorities. Mod Pizza is not responsible for any losses resulting from fraudulent use of your payment credentials by third parties.

6. Disclaimers

THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, FEATURES, AND FUNCTIONALITY OFFERED 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 SITE WILL BE AVAILABLE CONTINUOUSLY, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, MENU INFORMATION, NUTRITIONAL DATA, OR PRICING INFORMATION DISPLAYED ON THE SITE.
• WARRANTIES THAT DEFECTS IN THE SITE WILL BE CORRECTED.
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES.

Mod Pizza makes no warranty or representation regarding the quality, safety, or suitability of any food product for individuals with specific dietary needs, allergies, or medical conditions. Customers with food allergies or dietary restrictions are strongly advised to contact our customer service team at [email protected] before placing an order. While we make reasonable efforts to disclose allergen information, we cannot guarantee that our products are entirely free from any specific allergen due to the nature of our food preparation processes.

7. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES;
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICES;

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 THE TOTAL CUMULATIVE LIABILITY OF MOD PIZZA TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOD PIZZA IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

You agree to indemnify, defend, and hold harmless Mod Pizza, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, service providers, and successors (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, proceedings, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

• Your access to or use of the Site or services;
• Your violation of any provision of these Terms of Service;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or consumer protection law;
• Any content, information, or materials you submit, post, upload, or transmit through the Site;
• Your negligence, willful misconduct, or fraudulent actions;
• Any dispute between you and any other user or third party arising from your use of our services.

Mod Pizza reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with Mod Pizza in asserting any available defenses. You agree not to settle any matter without the prior written consent of Mod Pizza. This indemnification obligation shall survive the termination of your account and these Terms.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Site and services, shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Mod Pizza is registered and operates, without regard to its conflict of law principles.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the United States for the purpose of litigating all such disputes. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms are subject to all applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., which prohibits unfair or deceptive acts or practices in commerce. To the extent you are a California resident, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), may also apply to the collection and processing of your personal information. For further details, please refer to our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, claim, or controversy between you and Mod Pizza arising out of or relating to these Terms or your use of the Site or services (a "Dispute"), you and Mod Pizza agree to first attempt to resolve such Dispute informally. Either party must send written notice to the other party describing the nature of the Dispute and the relief sought. Mod Pizza will send its notice to you at the email address associated with your account. You must send your notice to Mod Pizza at [email protected]. The parties agree to attempt to resolve the Dispute in good faith within thirty (30) calendar days after the notice is received. If the Dispute is not resolved within this period, either party may proceed to binding arbitration as described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If informal resolution is unsuccessful, any Dispute shall be finally and exclusively resolved through binding individual arbitration administered in the United States in accordance with the rules of the American Arbitration Association (AAA) then in effect. The arbitration shall be conducted in English and shall take place in the United States. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The parties agree that any arbitration shall be conducted solely on an individual basis and not as part of any class, collective, consolidated, or representative action. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that arbitration may proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void.

10.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable relief in a court of competent jurisdiction in order to maintain the status quo pending arbitration, and either party may bring a claim in small claims court for disputes that qualify under applicable small claims court rules and jurisdictional limits.

11. Term and Termination

These Terms of Service are effective from the date you first access or use the Site and shall remain in full force and effect for as long as you continue to use the Site or maintain an account with Mod Pizza, unless earlier terminated in accordance with these Terms.

11.1 Termination by You

You may terminate your account and discontinue use of the Site at any time by contacting us at [email protected] and requesting account deletion. Upon termination of your account, your right to access and use the Site will cease immediately. Please note that we may retain certain information as required by law or for legitimate business purposes even after your account is terminated.

11.2 Termination by Mod Pizza

Mod Pizza reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your account and access to the Site at any time, with or without prior notice, for any reason, including but not limited to:

• Violation of any provision of these Terms of Service;
• Engaging in fraudulent, abusive, or illegal activity;
• Conduct that is harmful, threatening, or disruptive to other users, employees, or the Company;
• Failure to pay for orders placed through the Site;
• Extended periods of account inactivity;
• Requests from law enforcement or government authorities;
• Discontinuation of the Site or our services.

11.3 Effect of Termination

Upon termination of your account or these Terms for any reason, the following provisions shall survive: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination. Termination of these Terms shall not relieve you of any obligations incurred prior to the date of termination, including any outstanding payment obligations.

12. Changes to Terms

Mod Pizza reserves the right to modify, update, revise, or replace any portion of these Terms of Service at any time and in our sole discretion. We will notify you of material changes to these Terms by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification to the address associated with your account or by displaying a prominent notice on the Site.

Your continued access to or use of the Site following the posting of revised Terms constitutes your acceptance of and agreement to be bound by such changes. If you do not agree to the revised Terms, you must immediately cease use of the Site and services and may terminate your account by contacting us at [email protected].

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at pizz-mods.click. Mod Pizza reserves the right to modify, suspend, or discontinue the Site or any services at any time without notice or liability.

13. Severability

If any provision, clause, or portion of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, 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, such provision shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any such provision shall not affect or impair the validity, legality, and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid provision that, to the greatest extent possible, achieves the original intent and economic effect of the severed provision.

14. Additional Provisions

14.1 Entire Agreement

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

14.2 Waiver

The failure of Mod Pizza to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term, condition, or provision of these Terms shall be deemed a further or continuing waiver of such term, condition, or provision or a waiver of any other term, condition, or provision. Any waiver by Mod Pizza must be in writing and signed by an authorized representative of the Company to be effective.

14.3 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms of Service 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, transfer, or delegate any of its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.4 Force Majeure

Mod Pizza shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, civil unrest, government actions, labor disputes, power outages, internet disruptions, supply chain failures, or any other extraordinary event or circumstance beyond the reasonable control of Mod Pizza (each, a "Force Majeure Event"). In the event of a Force Majeure Event, Mod Pizza's obligations shall be suspended for the duration of such event, and we will make reasonable efforts to resume normal operations as soon as practicable.

14.5 Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Mod Pizza. These links are provided for your convenience and informational purposes only. Mod Pizza has no control over and assumes no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services. We strongly advise you to review the terms and privacy policies of any third-party websites or services that you visit. Mod Pizza does not endorse, warranty, or make any representation regarding any third-party website or service. Your use of third-party websites or services is entirely at your own risk.

14.6 Electronic Communications

By using the Site or communicating with us via email or other electronic means, you consent to receive electronic communications from Mod Pizza. These communications may include information about your orders, account activity, promotional offers, and updates to our policies. 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 receiving promotional communications at any time by following the unsubscribe instructions contained in any promotional email or by contacting us at [email protected].

14.7 Feedback and Submissions

If you submit feedback, suggestions, ideas, improvements, or other content to Mod Pizza ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback for any purpose, including improving our products and services, without any obligation of confidentiality, attribution, or compensation to you. You represent and warrant that your Feedback does not infringe any third-party intellectual property rights.

15. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or your use of the Site and services, please do not hesitate to contact us using the following information:

We are committed to resolving any concerns you may have in a timely and professional manner. When contacting us regarding a specific order or account issue, please include your order number, account email address, and a detailed description of your concern to help us assist you more efficiently.