Terms of Service

Effective Date: April 17, 2026  |  Last Updated: April 17, 2026

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"), the operator of the website located at modpizzza.rest (the "Website") and the food services associated therewith.

By accessing, browsing, or using this Website, placing an order, registering an account, or engaging with any of our digital or physical services, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use our services. If you are using our Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the term "you" shall refer to such entity.

We reserve the right to update or modify these Terms at any time. Continued use of the Website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. Description of Services

Mod Pizza operates as a food service establishment providing customers with the ability to browse our menu, place food and beverage orders, and access related services through our Website at modpizzza.rest. Our services include, but are not limited to:

• Online menu browsing and food discovery
• Online ordering for pickup or delivery (where available)
• Account creation and management for registered users
• Promotional offers, loyalty rewards, and discount programs
• Customer support and communications via email and other channels
• Catering and group order inquiries
• Information about our locations, hours, and special events

Our food services are intended for personal, non-commercial use by individuals located within the United States. Availability of specific services, menu items, pricing, and delivery options may vary by location and are subject to change without prior notice.

We do not guarantee continuous, uninterrupted access to our Website or online ordering platform. We may temporarily or permanently modify, suspend, or discontinue any portion of the services at our sole discretion.

All food and beverage items offered through our platform are subject to availability. Menu descriptions, images, and nutritional information are provided for informational purposes only and may not reflect exact product presentation or content. Customers with food allergies or specific dietary requirements are strongly encouraged to contact us directly at [email protected] before placing an order.

3. Eligibility and User Obligations

3.1 Eligibility

You must be at least thirteen (13) years of age to use our Website. If you are under the age of eighteen (18), you represent that you have obtained parental or legal guardian consent to use our services. By using our Website, you represent and warrant that you meet these eligibility requirements.

You agree to provide accurate, current, and complete information when creating an account or placing an order. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 User Obligations

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

• Provide truthful, accurate, and up-to-date information in all interactions with our platform
• Use the Website and services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations
• Maintain the security of your account login credentials and notify us immediately of any unauthorized use
• Comply with all payment obligations and not engage in fraudulent transactions
• Respect the intellectual property rights of Mod Pizza and third parties
• Engage with our customer service staff and representatives in a respectful and professional manner

3.3 Prohibited Activities

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

• Using our Website or services for any unlawful, fraudulent, or deceptive purpose
• Attempting to gain unauthorized access to our systems, servers, databases, or any connected networks
• Introducing viruses, malware, ransomware, spyware, or any other harmful code or software to our Website or systems
• Harvesting, scraping, or collecting personal information of other users without their consent
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
• Using automated tools, bots, scripts, or other means to access or interact with our Website in a manner that could impair or overburden our systems
• Submitting false, misleading, or defamatory reviews or content about our business or products
• Engaging in any activity that interferes with or disrupts the Website's functionality, servers, or networks
• Reselling, redistributing, or commercially exploiting our services without our express written permission
• Using our branding, trademarks, or copyrighted content without authorization
• Circumventing or attempting to circumvent any security measures, access controls, or digital rights management systems we employ
• Attempting to reverse-engineer, decompile, or disassemble any software or proprietary technology used on our Website

Any violation of these prohibitions may result in immediate termination of your account and access to our services, and may expose you to civil or criminal liability under applicable law.

4. Account Registration and Security

To access certain features of our Website, including saving orders, tracking loyalty rewards, and managing preferences, you may be required to create a user account. When registering, you agree to provide accurate and complete information and to keep your account details updated at all times.

You are responsible for safeguarding the password associated with your account and for all activities or actions taken under your account. We strongly encourage you to use a unique, strong password and to enable any additional security features we may offer. Mod Pizza cannot and will not be liable for any loss or damage resulting from your failure to protect your account credentials.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. We reserve the right to terminate accounts, refuse service, or remove or edit content at our sole discretion.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food and beverage items at the prices stated at the time of order. All orders are subject to acceptance by Mod Pizza. We reserve the right to refuse or cancel any order for any reason, including but not limited to unavailability of items, errors in pricing or product descriptions, or suspected fraudulent activity.

Once your order has been confirmed, you will receive an email confirmation to the address associated with your account or provided during checkout. This confirmation constitutes our acceptance of your order.

5.2 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are inclusive of applicable sales taxes unless otherwise stated. Prices for menu items are subject to change without prior notice. Delivery fees, service charges, and other applicable fees will be clearly disclosed at the time of checkout.

We strive to ensure that all pricing information displayed on our Website is accurate. However, in the event of a pricing error, we reserve the right to cancel the affected order and notify you accordingly. You will not be charged for a cancelled order, and any payment already made will be refunded in full.

5.3 Payment Methods

We accept various payment methods as indicated on our Website, which may include major credit and debit cards (Visa, MasterCard, American Express, Discover), digital wallets, and other payment options. By submitting your payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

All payment transactions are processed through secure, third-party payment processors. We do not store your full payment card information on our servers. Your use of third-party payment services is subject to the terms and privacy policies of those providers.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order — such as receiving incorrect items, damaged goods, or substandard quality — please contact us promptly at [email protected]. We will review your concern and, at our sole discretion, may offer a replacement, store credit, or partial or full refund as appropriate.

6. Intellectual Property Rights

All content published on modpizzza.rest, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, menu designs, software, and the overall look and feel of the Website, is the exclusive property of Mod Pizza or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

The Mod Pizza name, logo, and all related marks, graphics, and logos are trademarks or registered trademarks of Mod Pizza. You may not use, reproduce, distribute, modify, transmit, display, publish, sell, license, or otherwise exploit any of our intellectual property for commercial purposes without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website solely for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to: (a) resell or commercially use the Website or its contents; (b) make derivative uses of the Website or its contents; (c) download or copy account information for the benefit of another party; or (d) use data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our intellectual property may constitute a violation of copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.

7. User-Generated Content

If you submit reviews, comments, photographs, feedback, suggestions, or any other content ("User Content") to our Website or social media platforms, you grant Mod Pizza a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with our business operations and marketing activities.

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 or violate any applicable laws. We reserve the right to remove any User Content that we deem inappropriate, offensive, defamatory, or in violation of these Terms, at our sole discretion and without prior notice.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Mod Pizza. These links are provided solely for your convenience and informational purposes. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

The inclusion of any link on our Website does not imply endorsement, sponsorship, or recommendation by Mod Pizza. We strongly advise you to review the terms of service and privacy policies of any third-party sites you visit. Your interactions with third-party websites and services are governed by those parties' own policies.

We may also use third-party service providers (including payment processors, delivery platforms, and analytics services) to facilitate our operations. Your use of these third-party services is subject to their respective terms and conditions.

9. Disclaimers and "As-Is" Basis

OUR WEBSITE AND 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 PERMISSIBLE UNDER 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE
• WARRANTIES RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES

We do not warrant that any defects in the Website will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. You assume full responsibility for your use of our Website and services.

Food allergies and dietary restrictions: While we make efforts to provide accurate ingredient and allergen information, we cannot guarantee that any food item is completely free from any particular allergen due to the risk of cross-contamination in our preparation environments. Customers with severe allergies should exercise caution and consult with our staff before consuming any products.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING BUT NOT LIMITED TO THE FEDERAL TRADE COMMISSION ACT (15 U.S.C. § 41 ET SEQ.), MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• DAMAGES ARISING FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
• ANY OTHER MATTER RELATING TO THE SERVICE

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

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US 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 damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its parent company, subsidiaries, affiliates, officers, directors, employees, contractors, 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 violation of these Terms of Service
• Your use of our Website or services, including any data or content you submit, post, or transmit
• Your violation of any applicable federal, state, or local law or regulation
• Your infringement of any intellectual property or other rights of any third party
• Your negligence, willful misconduct, or fraud
• Any misrepresentation made by you in connection with your use of our services

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

12. 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 shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Mod Pizza is registered and operates, without giving effect to any conflict of law principles that would require the application of the laws of another jurisdiction.

For any legal disputes not subject to arbitration as set forth below, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located within the United States. You hereby waive any objection to such jurisdiction and venue on grounds of inconvenience or otherwise.

Our services are directed to users within the United States. We make no representation that the Website or its content is appropriate or available for use in other locations. Accessing our Website from territories where its content is illegal is prohibited.

We operate in compliance with applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and all other applicable federal statutes and regulations. To the extent our operations or users are located in California, we additionally comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as California's Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.).

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services by contacting us directly at [email protected] and providing a written description of your claim. We will endeavor to resolve your concern within thirty (30) days of receiving your written notice.

13.2 Binding Arbitration

If informal resolution is unsuccessful, you and Mod Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of our services, shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, rather than in a court of law.

The arbitrator shall have the authority to grant any remedy that would otherwise be available in court. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall be conducted in the English language, and any in-person hearings shall take place at a location mutually agreed upon by the parties within the United States.

13.3 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 PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the above, 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. Either party may also bring an individual action in small claims court if the claim qualifies and remains in such court.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or services. We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of our services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law
• Conduct that we believe is harmful to other users, third parties, or the interests of Mod Pizza
• Requests by law enforcement or government agencies
• Unexpected technical or security issues
• Prolonged periods of inactivity
• Non-payment of fees or charges owed

You may also terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website and services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall remain in effect after termination, including but not limited to: intellectual property ownership, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

15. Changes to Terms of Service

Mod Pizza reserves the right to amend, update, 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, provide you with additional notice (such as via email to the address associated with your account or a prominent notice on our Website).

Your continued use of our Website or services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must immediately stop using our Website and services and, if applicable, delete your account.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check for changes.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, unenforceable, or in conflict with any applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if 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 not be affected or impaired by the invalidity or unenforceability of any other provision.

The failure of Mod Pizza to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any right or provision is only effective if given in writing and signed by a duly authorized representative of Mod Pizza.

17. Entire Agreement

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

No oral explanation or oral information given by any party shall alter the interpretation of these Terms. You acknowledge that you have not relied on any representation, warranty, or undertaking not expressly set out in these Terms in deciding to use our services.

18. 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, floods, fires, earthquakes, pandemics, epidemics, government actions or restrictions, acts of war or terrorism, labor disputes, power failures, internet outages, cyberattacks, or supply chain disruptions.

In such circumstances, we will use commercially reasonable efforts to resume normal operations as quickly as practicable and will notify affected customers where possible.

19. Accessibility

Mod Pizza is committed to making our Website accessible to all users, including those with disabilities, in accordance with applicable federal laws including the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. If you experience any difficulty accessing our Website or any of our digital content, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

20. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to report a potential violation or submit a legal inquiry, please contact us using the information below:

These Terms of Service were last reviewed and updated on April 17, 2026. Mod Pizza reserves all rights not expressly granted herein.