Terms of Service

Effective Date: June 4, 2026  |  Last Updated: June 4, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Mod Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website modpizzafood.digital and all associated services, content, features, and functionality offered through the Site (collectively, the "Services").

By accessing the Site, creating an account, placing an order, subscribing to any promotional communications, or otherwise interacting with our Services, you represent and warrant that:

• You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater;
• You have the legal capacity and authority to enter into a binding contract;
• You are not prohibited from using the Services under any applicable law;
• You have reviewed and accept our Privacy Policy, which is incorporated into these Terms by reference;
• All information you provide to us is accurate, current, and complete.

If you are using the Site on behalf of a business entity, organization, or other legal person, you further represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall include both you individually and the entity on whose behalf you act.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use our Services, regardless of the method of access (desktop, mobile, tablet, or other devices).

2. Description of Services

Mod Pizza is a food service business operating within the United States, providing customers with the ability to browse our menu, place online orders for food and beverage items, customize orders, arrange for pickup or delivery services, and engage with promotional and loyalty programs offered by the Company.

Our Services include, but are not limited to:

• Online Ordering: Customers may place orders for food and beverages directly through the Site, with options for in-store pickup or delivery where available.
• Menu Browsing: The Site provides access to our current menu, including descriptions, pricing, nutritional information, allergen disclosures, and customization options.
• Account Management: Registered users may create and manage personal accounts to store preferences, track order history, manage payment methods, and access exclusive offers.
• Loyalty and Rewards Programs: The Company may offer loyalty programs, promotional discounts, gift cards, or reward point systems, each subject to their own additional terms and conditions.
• Customer Communications: With your consent, we may send order confirmations, promotional emails, text messages, and other communications related to our Services.
• Catering and Group Orders: The Site may offer services for catering inquiries and large group orders, subject to availability and applicable minimum order requirements.

We reserve the right, in our sole discretion, to modify, suspend, restrict, or discontinue any portion of the Services at any time, with or without notice, and without liability to you or any third party. Menu items, pricing, and availability are subject to change without notice.

3. User Accounts and Registration

Certain features of our Services may require you to register for an account. When creating an account, you agree to provide accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

You agree to:

• Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account;
• Not share your account credentials with any third party;
• Not create more than one account per individual without our express written permission;
• Not create accounts using false identities, automated means, or for the purpose of abusing promotions or loyalty programs;
• Accept full responsibility for any activity conducted through your account.

The Company shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. User Obligations and Prohibited Activities

By using our Services, you agree to conduct yourself lawfully, ethically, and in compliance with these Terms. You agree that you will not, under any circumstances:

• Use the Site or Services for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations;
• Attempt to gain unauthorized access to any portion of the Site, server systems, networks, or data;
• Engage in any form of fraudulent activity, including but not limited to submitting false orders, chargebacks, or misusing promotional offers;
• Use automated bots, scrapers, crawlers, or other data-mining tools to extract content or data from the Site without our prior written consent;
• Transmit any viruses, malware, ransomware, Trojan horses, or other harmful or disruptive code through the Site;
• Impersonate any person or entity, including our employees, representatives, or other customers;
• Post, upload, or transmit any content that is defamatory, obscene, harassing, threatening, discriminatory, or otherwise objectionable;
• Interfere with, disrupt, or overburden the Site's infrastructure or servers;
• Use the Services to collect personal information about other users without their consent;
• Attempt to reverse engineer, decompile, or disassemble any portion of the Site's software or underlying technology;
• Circumvent any technological measures we employ to protect the Site or restrict access to certain content;
• Resell, sublicense, or otherwise commercialize access to the Site or Services without prior written authorization from the Company;
• Violate any third-party rights, including intellectual property rights, privacy rights, or contractual obligations.

Any violation of this Section may result in immediate suspension or termination of your account, referral to law enforcement authorities, and/or legal action against you to the fullest extent permitted by applicable law.

5. Intellectual Property Rights

All content, materials, and features available on the Site and through the Services, including but not limited to text, graphics, logos, photographs, images, videos, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and the overall look and feel of the Site (collectively, "Intellectual Property"), are owned by, licensed to, or used with permission by Mod Pizza and are protected under applicable United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and related federal and state laws.

The Company name, logo, and all related brand identifiers are trademarks of Mod Pizza. You may not use any of our trademarks without our prior written consent. Nothing in these Terms shall be construed as granting any license or right to use any trademark, logo, or service mark of the Company.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial purposes — specifically to browse our menu, place orders, and otherwise use the Services as intended.

This license does not permit you to:

• Reproduce, distribute, publicly display, or create derivative works from any Site content;
• Use our content for commercial purposes without our written authorization;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• Frame or mirror any portion of the Site on any other website or platform.

Any feedback, suggestions, ideas, or other submissions you provide to us regarding our Services may be used by the Company without obligation or compensation to you, and you hereby grant us a perpetual, irrevocable, worldwide, royalty-free license to use such submissions in any manner we deem appropriate.

6. Payment Terms

Certain Services, including online food orders, require payment. By placing an order through the Site, you authorize the Company to charge your selected payment method for the total amount of your order, including the applicable price of menu items, applicable taxes, service fees, and delivery charges (if any).

We accept various payment methods as displayed on the Site at the time of checkout. All prices are listed in United States Dollars (USD). Payment is due at the time of order placement.

You agree to:

• Provide accurate and complete payment information;
• Ensure that your payment method has sufficient funds or credit to cover the transaction;
• Promptly update your payment information if it changes;
• Be responsible for all charges incurred through your account, including unauthorized charges resulting from your failure to secure your account credentials.

All sales are final upon order confirmation. Refunds or adjustments may be issued at our sole discretion, in accordance with our then-current Refund and Cancellation Policy. We reserve the right to cancel any order for any reason, including suspected fraud, system errors, or unavailability of items, and to issue a full refund to the applicable payment method in such cases.

Prices displayed on the Site are subject to change at any time without prior notice. Applicable taxes will be calculated and added to your order total based on the tax rates applicable at the time and location of your order. The Company reserves the right to correct pricing errors, even after an order has been confirmed.

For gift card purchases and loyalty program credits, additional terms and conditions may apply as disclosed at the time of purchase or enrollment.

7. Food Safety, Allergens, and Nutritional Information

Mod Pizza makes reasonable efforts to provide accurate descriptions of our menu items, including ingredient lists, allergen information, and nutritional data. However, you acknowledge and agree that:

• Menu items are prepared in shared kitchen environments where cross-contamination with common allergens (including but not limited to gluten, nuts, dairy, eggs, soy, shellfish, and sesame) may occur;
• Nutritional information provided is based on standard recipe formulations and may vary based on portion size, preparation method, supplier variations, and customization;
• We cannot guarantee that any menu item is entirely free from any particular allergen;
• Customers with food allergies, dietary restrictions, or medical conditions should exercise caution and consult with a healthcare provider before making dietary decisions based on information provided on the Site.

By placing an order, you assume full responsibility for any dietary decisions and acknowledge the inherent risks associated with food allergies and sensitivities.

8. Disclaimers — Services Provided "As Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES THAT DEFECTS IN THE SITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Your use of the Site and reliance on any content available through the Services is entirely at your own risk. The Company does not warrant or make any representations regarding the results that may be obtained from the use of the Services.

Some jurisdictions do not allow the exclusion of implied warranties. To the extent that such exclusions are not permitted under applicable law, the disclaimers above shall apply to the maximum extent permitted.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES;
• DAMAGES ARISING FROM ANY FOOD ALLERGY REACTIONS OR DIETARY ISSUES NOT DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE;
• ANY OTHER INDIRECT OR CONSEQUENTIAL LOSSES;

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

IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE 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 THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME STATES, INCLUDING NEW JERSEY AND MASSACHUSETTS, DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and legal costs) arising out of or related to:

• Your violation of these Terms or any applicable law or regulation;
• Your use or misuse of the Site or Services;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any content or information you submit, post, or transmit through the Site;
• Your fraud, intentional misconduct, or gross negligence;
• Any dispute or transaction between you and any third party, including delivery service providers;
• Your breach of any representation or warranty made under these Terms.

The Company 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 case you agree to cooperate fully with the Company's defense of such claim.

11. Privacy Policy and Data Protection

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in connection with your use of the Services. By using the Site, you consent to the data practices described in our Privacy Policy.

We comply with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) as enforced by the Federal Trade Commission. Users who are California residents may have additional rights as described in our Privacy Policy.

12. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services, including third-party delivery platforms, payment processors, and social media channels. These links are provided solely for your convenience. The Company does not endorse, control, or assume any responsibility for the content, privacy practices, or terms of any third-party websites or services.

Your interactions with third-party websites and services are governed by the applicable terms and privacy policies of those third parties. We encourage you to review those policies before providing any personal information or completing any transactions. The Company shall not be liable for any damages or losses arising from your use of or reliance on any third-party websites or services.

13. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to them, or the use of the Site and Services, 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 that would cause the application of the laws of any other jurisdiction.

To the extent that any dispute is not subject to binding arbitration as set forth in Section 14 below, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the United States, and you waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

The Company's operations and this website are subject to applicable federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act, the CAN-SPAM Act, and all applicable state consumer protection statutes.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Mod Pizza at [email protected] and attempt to resolve the dispute informally. We will use reasonable efforts to resolve any dispute within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to binding arbitration as described below.

14.2 Binding Arbitration

Except as set forth in Section 14.4, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or the Services, including questions of arbitrability, shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English in the United States.

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether any claim is subject to arbitration. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

To the extent permitted by applicable law, you agree that the arbitration shall be conducted on an individual basis only, and not as part of a class, consolidated, or representative action.

14.3 Costs of Arbitration

The allocation of arbitration fees shall be governed by the AAA Consumer Arbitration Rules. The Company will pay all AAA filing and administration fees for claims that do not exceed $10,000 USD, unless the arbitrator finds your claim to be frivolous or brought in bad faith. For claims exceeding $10,000 USD, the allocation of fees shall be determined in accordance with the AAA rules.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring individual claims in small claims court if the claim qualifies. Additionally, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14.5 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS SECTION IS VOID OR UNENFORCEABLE FOR ANY REASON, THE ARBITRATION PROVISION SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY, AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

15. Term and Termination

These Terms are effective from the moment 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 us, unless earlier terminated in accordance with these Terms.

The Company reserves the right, in its sole discretion, to:

• Suspend or terminate your access to all or any portion of the Services at any time, for any reason or no reason, with or without notice;
• Delete your account and any associated data, subject to applicable law and our Privacy Policy;
• Refuse future access to the Services following termination.

Grounds for termination include, but are not limited to, violation of these Terms, fraudulent activity, abuse of promotional programs, failure to pay amounts due, or conduct that may be harmful to the Company or other users.

You may terminate your account at any time by contacting us at [email protected] with a request for account deletion. Termination of your account does not relieve you of any obligations or liabilities incurred prior to termination.

Sections pertaining to Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law shall survive the termination of these Terms and your use of the Services.

16. Changes to These Terms

The Company reserves the right to modify, amend, update, or replace these Terms at any time, in our sole discretion, to reflect changes in our Services, business practices, applicable laws, or for any other reason. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on the Site;
• Where required by applicable law or where we deem appropriate, provide notice to registered users via email or a prominent notice on the Site.

Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the revised Terms, you must immediately cease using the Site and Services and close your account, if applicable.

We encourage you to periodically review these Terms to stay informed of any updates. The most current version of these Terms will always be available at modpizzafood.digital.

17. Electronic Communications and Consent

By using the Site and providing your email address or phone number, you consent to receive electronic communications from the Company, including order confirmations, receipts, customer service communications, and, where you have opted in, marketing and promotional messages. You agree that any notices, agreements, disclosures, or other communications we send 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 in any marketing email you receive from us or by contacting us at [email protected]. Please note that opting out of marketing communications will not affect your receipt of transactional communications related to your orders or account.

18. Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, fires, floods, earthquakes, pandemics, epidemics, governmental actions, war, civil unrest, terrorism, labor disputes, power outages, internet service interruptions, or failures of third-party service providers.

19. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be unlawful, void, invalid, unenforceable, or inapplicable for any reason, that provision shall be deemed severed from these Terms to the minimum extent necessary, and shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms shall continue in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, while preserving, to the greatest extent possible, the original intent of the parties.

The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision, nor shall it prevent the Company from subsequently asserting or exercising such right or provision.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated by reference herein, constitute the entire agreement between you and Mod Pizza with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, communications, representations, and understandings, whether written or oral, between you and the Company relating to your use of the Site and Services.

No oral statement made by any Company representative shall modify or supplement these Terms. Any modification to these Terms must be made in writing and, with respect to the Company, executed by an authorized representative.

21. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without the prior written consent of the Company. Any purported assignment in violation of this Section shall be null and void. The Company may freely assign these Terms or any of its rights or obligations hereunder without restriction or notice to you, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

22. No Waiver

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or remedy.

23. Headings

The section headings and titles used in these Terms are provided for convenience only and shall not affect the interpretation or construction of these Terms.

24. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, your account, or any aspect of our Services, please do not hesitate to contact us using the information below:

These Terms of Service were last updated on June 4, 2026, and are effective as of the same date. © 2026 Mod Pizza. All rights reserved.